Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman
Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman
All Faculty Scholarship
While the benchmark of trademark infringement traditionally has been a demonstration that consumers are likely to be confused by the use of a similar or identical trademark to identify the goods or services of another, a court-created doctrine called initial interest confusion allows liability for trademark infringement solely on the basis that a consumer might initially be interested, attracted, or distracted by a competitor's, or even a non-competitor's, product or service. Initial interest confusion is being used with increasing frequency, especially on the Internet, to shut down speech critical of trademark holders and their products and services, to prevent comparative …
Law Beyond Borders: Jurisdiction In An Era Of Globalization, Introduction To The Symposium, Robert A. Sedler
Law Beyond Borders: Jurisdiction In An Era Of Globalization, Introduction To The Symposium, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty
Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty
Faculty Scholarship
This is an edited version of a debate held at Columbia Law School on February 21, 2005.
Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg
Ambiguity, Sovereignty And Identity In Ireland: Peace And Transition, James J. Friedberg
Faculty & Staff Scholarship
No abstract provided.
Conflict Of Laws, Globalization, And Cosmopolitan Pluralism, Paul Schiff Berman
Conflict Of Laws, Globalization, And Cosmopolitan Pluralism, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This essay is a contribution to a symposium at the January 2005 annual meeting of the Association of American Law Schools Section on Conflict of Laws. More than ten years ago, German theorist Gunther Teubner called for the creation of an "intersystemic conflicts law," derived not just from collisions between the distinct nation-states of private international law, but from what he described as "conflicts between autonomous social subsystems." Since then, the web of intersystemic lawmaking Teubner described has only grown more complex. The collision of these multiple legal and quasi-legal normative systems requires, as Teubner suggested, a broader approach to …
Immunity For Foreign Officials: Possibly Too Much And Confusing As Well, Barry E. Carter
Immunity For Foreign Officials: Possibly Too Much And Confusing As Well, Barry E. Carter
Georgetown Law Faculty Publications and Other Works
In his thoughtful presentation, David Stewart observes from his daily experience that the law of international immunities is a "rather complex body of rules." In analyzing immunity issues, one needs to take into account treaties, laws, and/or cases that include, among others, the Foreign Sovereign Immunities Act, diplomatic and consular immunity, the case law regarding head of state immunity, and international organization law. In addition, there is pending the new UN Convention on Jurisdictional Immunities of States and their Property. Mr. Stewart also posits a general conclusion that in recent decades the general trend has been to limit the scope …