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Full-Text Articles in Law

Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman May 2003

Trademark Distinctiveness In A Multilingual Context: Harmonization Of The Treatment Of Marks In The European Union And The United States, Eric E. Bowman

San Diego International Law Journal

This Comment will examine the similarities and differences between the trademark protection laws with regard to the multi-cultural nature of the consuming public of the European Union and that of the United States, and then will recommend ways in which the laws can be harmonized to promote the congruent development and expansion of economic activities globally. This harmonization is necessary in light of the interplay between these schemes for protection of marks and the protection provided under the Paris Convention for the Protection of Industrial Property, the Madrid Agreement Concerning the International Registration of Marks, and the Madrid Protocol. The ...


Estate Planning Malpractice: Is Strict Privity Here To Stay?, Angela M. Vallario Mar 2003

Estate Planning Malpractice: Is Strict Privity Here To Stay?, Angela M. Vallario

All Faculty Scholarship

Under Maryland case law, a plaintiff in an estate planning malpractice action must be in strict privity with the attorney who drafted the will. To date, Maryland has not extended the third-party beneficiary exception to the estate planning arena.

Legatees specifically identified in a will by name or class are generally precluded from bringing a cause of action against the attorney for the attorney's alleged negligence, because in Maryland in order to recover for legal malpractice, a plaintiff must:show: "(1) the attorney's employment; (2) his neglect of a reasonable duty; and (3) loss to the client proximately ...


Anne Orthwood's Bastard: Sex And Law In Early Virginia, John R. Pagan Jan 2003

Anne Orthwood's Bastard: Sex And Law In Early Virginia, John R. Pagan

Law Faculty Publications

Colonists brought English legal culture with them to the New World just as they transplanted the English language. Drawing on their heritage and innovating when necessary, settlers fashioned distinctive legal systems for each colony. The combination of traditional English doctrines with new rules tailored to local situations produced what the historian Lawrence M. Friedman has aptly termed "a creolized dialect of the English common law-the legal equivalent of pidgin English. By analyzing the Orthwood-Kendall litigation, we can gain a clearer understanding of how the creole dialect of early Virginia law differed from the mother tongue. By viewing those differences in ...