Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Information intermediaries (2)
- Intellectual property (2)
- Internet (2)
- Patent rights (2)
- Thought control (2)
-
- Thought processes (2)
- Trademark law (2)
- Trademark use (2)
- Celebrity images (1)
- Constructive nonvolition (1)
- Copyright (1)
- Fair Use (1)
- Google (1)
- Identity rights (1)
- Intellectual property regimes (1)
- Obsolescence (1)
- Opt Out (1)
- Opt in (1)
- Opt-in (1)
- Opt-out (1)
- Opting Opt (1)
- Plant variety protection (1)
- Private property (1)
- Procedural Fair Use (1)
- Publicity rights (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Lessons From The Trademark Use Debate, Mark D. Janis, Graeme B. Dinwoodie
Lessons From The Trademark Use Debate, Mark D. Janis, Graeme B. Dinwoodie
Articles by Maurer Faculty
In their response to our article Confusion Over Use: Contextualism in Trademark Law, Professors Dogan and Lemley discard more all-encompassing versions of the trademark use requirement. Instead, they seek to delineate and defend a "more surgical form" of trademark use doctrine. In this reply, we demonstrate that the language of the Lanham Act does not impose a trademark use requirement even when that requirement is defined "surgically" and sections 32 and 43(a) are read "fluidly," as Dogan and Lemley suggest. Moreover, their interpretation still renders section 33(b)(4) redundant and unduly limits appropriate common law development of trademark law. We also …
Propertizing Thought, Kevin Emerson Collins
Propertizing Thought, Kevin Emerson Collins
Articles by Maurer Faculty
No abstract provided.
Opting Out: Procedural Fair Use, Michael Mattioli
Opting Out: Procedural Fair Use, Michael Mattioli
Articles by Maurer Faculty
This article explores the advantages of opt-out plans, and identifies a critical shortcoming in Copyright's doctrine of Fair Use. The discussion is fueled by a current controversy: In December of 2004, Google, Inc. announced its plan to digitally scan thousands of copyrighted books as part of a massive new digital indexing service. Hedging against possible litigation, Google provided a free and easy opt-out procedure for authors who didn't want their books scanned. Despite this measure, two major authors' groups have sued Google, claiming the opt-out plan imposes an unfair burden. This article explores the fairness of established opt-outs in contract …
Confusion Over Use: Contextualism In Trademark Law, Mark D. Janis, Graeme B. Dinwoodie
Confusion Over Use: Contextualism In Trademark Law, Mark D. Janis, Graeme B. Dinwoodie
Articles by Maurer Faculty
This paper tackles an intellectual property theory that many scholars regard as fundamental to future policy debates over the scope of trademark protection: the trademark use theory. We argue that trademark use theory is flawed and should be rejected. The adoption of trademark use theory has immediate practical implications for disputes about the use of trademarks in online advertising, merchandising, and product design, and has long-term consequences for other trademark generally. We critique the theory both descriptively and prescriptively. We argue that trademark use theory over-extends the search costs rationale for the trademark system, and that it unhelpfully elevates formalism …
Constructive Nonvolition In Patent Law And The Problem Of Insufficient Thought Control, Kevin Emerson Collins
Constructive Nonvolition In Patent Law And The Problem Of Insufficient Thought Control, Kevin Emerson Collins
Articles by Maurer Faculty
No abstract provided.
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Articles by Maurer Faculty
No abstract provided.
The Right Of Publicity: A Comparative Perspective, Marshall Leaffer
The Right Of Publicity: A Comparative Perspective, Marshall Leaffer
Articles by Maurer Faculty
No abstract provided.