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Full-Text Articles in Law
The Power Of The Well-Known Trademark: Courts Should Consider Article 6bis Of The Paris Convention An Integrated Part Of Section 44 Of The Lanham Act, Brandon Barker
Washington Law Review
The Paris Convention for the Protection of Industrial Property outlines important international trademark principles for its signatory nations, including the United States. Specifically, article 6bis of the Paris Convention creates the well-known marks doctrine, a provision that allows foreign owners of well-known trademarks to bring infringement actions against citizens of other member nations using the same or similar trade names. Such foreign trademark holders can assert these rights regardless of whether their mark is directly used or registered in the native country of the alleged infringer. Although the Paris Convention provides a list of trademark rights within its articles, the …
International Delegations And The New World Court Order, Julian G. Ku
International Delegations And The New World Court Order, Julian G. Ku
Washington Law Review
In Medellin v. Dretke, the U.S. Supreme Court squarely considered the domestic judicial enforceability of a judgment by the International Court of Justice for the first time. Although the Court ultimately dismissed the case due to President George W. Bush's intervention, the issue that won the Court's attention—the domestic legal status of international tribunal judgments—will almost certainly return to the Court in the near future. When it does, the Court will be faced with calls from leading scholars to enforce the judgments of international courts and tribunals as part of a "new world court order," characterized by cooperation between …