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Full-Text Articles in Law
The New Federal Anti-Dilution Act: Reinstating The Myth Of Likely Dilutive Harm As A Mask Anti-Free-Rider Liability, David Franklyn
The New Federal Anti-Dilution Act: Reinstating The Myth Of Likely Dilutive Harm As A Mask Anti-Free-Rider Liability, David Franklyn
Publications
The new federal anti-dilution act, the Trademark Dilution Revision Act of 2006 (the "TDRA"), promises to restore an anti-freerider tool to the hands of judges who wish to grant expansive trademark rights to famous mark owners. The impulse to provide this kind of relief is grounded in a sound principle: between the entity that created the famous mark and others who wish to profit from it in foreseeable collateral markets, the mark creator is usually the party that has a superior claim to capture that collateral value and to ensure the value of the mark for future exploitation in a …
Reason Or Madness: A Defense Of Copyright's Growing Pains, Marc H. Greenberg
Reason Or Madness: A Defense Of Copyright's Growing Pains, Marc H. Greenberg
Publications
A growing conflict between the creators and owners of expressive works protected by copyright law and the community of users and distributors of those works has focused on whether the law is so restrictive that it no longer meets the constitutional mandate that intellectual property law should serve to promote the growth and development of useful and expressive works. Has the scope of copyright's growth been reasonable, or are its restrictions madness, and harmful to the development and distribution of art? This article explores the seven leading criticisms leveled against copyright's expansion, and examines one recent effort at legislative reform …