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Full-Text Articles in Law
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor
Richmond Journal of Law & Technology
"The creation and rapid growth of the Internet have been 'hailed' [as] one of the greatest technological advances in recent history,” remarked one scholar of Internet law and jurisdiction. The Ninth Circuit Court of Appeals characterizes the Internet as "a global network of interconnected computers allow[ing] individuals and organizations around the world to communicate with one another." It is, therefore, not surprising that the Internet impacts every aspect of our daily lives. The Web is the fastest growing part of the Internet, and thus, an important mechanism for commerce. Authors Joseph Zammit and Lynette Herscha explain, "[t]he rapid growth in …
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Richmond Journal of Law & Technology
You hop on the World Wide Web ready to do some Internet surfing. You decide to check the scores from last night's football game. You head to your favorite search engine and then pause . . . "where will the scores be" you ask yourself. You decide upon ESPN, because you know they have it all when it comes to sports. So, you type in ESPN and click on the "SEARCH" button. You eagerly await the return of the results to head out to the ESPN homepage to find out if your alma mater beat the in-state rival in the …
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
Richmond Journal of Law & Technology
Web surfers who use the AltaVista Internet search engine may not realize that in 1998, Compaq Computer Corporation paid $3.3 million for the rights to the domain name AltaVista.com. A year later, eCompanies paid $7.5 million for the domain name business.com. And in February of 2000, Bank of America paid $3 million for the domain name loans.com. These transactions demonstrate that the ownership, transfer, and control of Internet domain names is a multi-million dollar industry.
Tomorrow Never Dies: The Protection Of Fictional Characters Under The Federal Trademark Dilution Act, Kristen Knudsen
Tomorrow Never Dies: The Protection Of Fictional Characters Under The Federal Trademark Dilution Act, Kristen Knudsen
Vanderbilt Journal of Entertainment & Technology Law
A number of different protections are available for fictional characters under intellectual property law. These have traditionally included copyright, trademark, and unfair competition, or some combination thereof. Another avenue of protection can be found in state dilution statutes, which prohibit unauthorized uses of characters that could harm their reputations, such as by "blurring" their ability to indicate one source, or by "tarnishing" their commercial value. This harm may occur even where there is no likelihood of public confusion, and even where the use is on a noncompeting good. Many commentators have criticized state dilution theories, however, as contravening the purposes …
Trademarks And The Movies: An Af-'Fair Use To Remember, Lauren P. Smith
Trademarks And The Movies: An Af-'Fair Use To Remember, Lauren P. Smith
Cleveland State Law Review
The Federal Trademark Dilution Act poses a serious threat for filmmakers, much more so than found under the original Lanham Act. A filmmaker can be found guilt of dilution without a finding that consumers would likely be confused by the allegedly diluting use. The mere appearance of a mark in a film would not likely violate a trademark holders rights. According dilution's much less stringent standard, non-competing uses of a mark which would "blur" its strength would violate a holder's rights. Courts have used the FTDA in ways as broad as its language allows, and it poses a very serious …