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Articles 1 - 30 of 78
Full-Text Articles in Law
Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby
Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby
Marquette Intellectual Property Law Review
This Article examines applications and measurement of continuing commercial impression, which is the meaning or idea a trademark or trade dress conveys to consumers. The doctrine is relevant in a variety of contexts, including abandonment, tacking, claim preclusion, and the Morehouse defense. A number of courts considering the issue have concluded that continuing commercial impression is a pure question of law. This article argues that such a view is incorrect, and that the doctrine should present a mixed question of law and fact. In determining whether continuing commercial impression exists, the sole factor should not be the visual or aural …
The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen
The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen
Marquette Intellectual Property Law Review
In today's business world, companies are increasingly adopting diversification strategies through which they expand into diverse and unrelated business areas. Of additional importance with regard to trademarks and the future of trademark law is the fact that the trend toward corporate diversification is growing. To address the impact of the corporate diversification trend upon trademark law, courts have utilized various methodologies. Some courts have focused primarily upon the reasonably prudent consumer and how he or she is affected by corporate diversification. With regard to the use of trademarks on a variety of products, courts have often taken into account whether …
Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats
Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats
Marquette Intellectual Property Law Review
The protection of trade dress has become increasingly clouded in recent years. A forcethe functionality doctrinehas been implemented to police this intersection between patent and trademark law. Unfortunately, courts have struggled to arrive at a common definition of functionality. This comment examines the functionality doctrine and proposes a four-factor decay test as a uniform approach to functionality. The test asks the following questions regarding a product feature: (1) Is it essential to the use or purpose of the article?; (2) Does it have any current market effect on the cost or quality of the article?; (3) Is there a significant …
Reverse Engineering Of Computer Programs Under The Dmca: Recognizing A "Fair Access" Defense, Donna L. Lee
Reverse Engineering Of Computer Programs Under The Dmca: Recognizing A "Fair Access" Defense, Donna L. Lee
Marquette Intellectual Property Law Review
Courts have consistently held that reverse engineering constitutes fair use under the Copyright Act. When Congress enacted the DMCA, it intended to codify the settled law. Nonetheless, the exemption Congress carved out for reverse engineering in the DMCA is too narrowly crafted to accommodate the many different purposes of reverse engineering. This Comment suggests that courts should develop a fair access defense for reverse engineering undertaken for purposes that do not satisfy the requirements of the DMCA exemption but do enable other, fair use-defensible uses of computer programs. The Comment outlines three factors to consider in applying a fair access …
All Rights Reserved? Cultural Monopoly And The Troubles With Copyright , Michael Geist
All Rights Reserved? Cultural Monopoly And The Troubles With Copyright , Michael Geist
Marquette Intellectual Property Law Review
With an increasing ease for one to download, trade and share information, there is also an increasing desire by companies, corporations and private interests to protect their works. In a time where everything can be commoditized and ideas can be bought and sold at a price, a question we must answer is - Who owns our creativity? Must all rights be reserved? This lecture explores the growth of the citizen journalist and the blossoming of independent creativity online. He also examines the concerns with copyright: how lobby groups have consistently pushed for ever stronger rules. Finally, Dr. Geist presents the …
Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa
Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa
Marquette Intellectual Property Law Review
Intellectual property treatment of traditional or local knowledge is a major issue of contention today, particularly since the implementation of the TRIPs Agreement, which establishes minimum levels of intellectual property protection for members of the World Trade Organization. Discourse surrounding local knowledge is highly charged with accusations of "piracy" from Western countries countered with allegations of "biopiracy" from Third World countries. Flowing beneath the surface of this dialogue are multiple levels of historical experience. Intellectual property frameworks were formed in the nineteenth century during a period when evolutionary views of the development of human societies were paramount. Local knowledge was …
Expanding The Protection Of Geographical Indications Of Origin Under Trips: "Old" Debate Or "New" Opportunity?, Irene Calboli
Expanding The Protection Of Geographical Indications Of Origin Under Trips: "Old" Debate Or "New" Opportunity?, Irene Calboli
Marquette Intellectual Property Law Review
This work briefly analyzes the issue of (geographical indications of origin) GI protection pre- and post-TRIPs and considers whether extension of the protection set forth by TRIPs is desirable for the international community. First, the work provides a brief overview of GI, the traditional rationale for their protection, and the protection granted thereof before the adoption of TRIPs. Next, the analysis turns to a description of the status of the law under TRIPs and the failed diplomatic agenda to expand the current protection. The recent developments on the debate on GI are explored, particularly for wine and spirits, with an …
The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme B. Dinwoodie
The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme B. Dinwoodie
Marquette Intellectual Property Law Review
International intellectual property norms are ow being developed by a wide range of institutions- some national, some international, and some that do not fit neatly into either category; by bodies designed to address intellectual property; by trade and other bodies; and by actors public, private, and indeterminate. This new wave of international norm creation not only augments a growing body of substantive norms but also raises difficult structural questions about the future development of the international intellectual property system.
Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager
Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager
Marquette Intellectual Property Law Review
In dramatically expanding the reach of international intellectual property law, the TRIPs Agreement both epitomizes a new trend toward globalized regulation and signaled a controversial shift in approach by the WTO away from its narrow focus on trade. Equally controversial was the manner in which TRIPs came about. By strategically linking intellectual property protection to substantively unrelated trade negotiations, developed countries were able to push through a much more ambitious harmonization of IP law than would otherwise have been possible. Such package dealing making offers a powerful mechanism to advance global governance. However, unrestricted use of linkage strategies risks suboptimal …
Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi
Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi
Marquette Intellectual Property Law Review
The Article explores the mini-body of antitrust provisions to be found within TRIPs. It advocates a general-principles based and systematic interpretative approach of these provisions with a view to finding in them an antidote to the ratcheting up of IP protection otherwise encouraged by TRIPs. In this framework, it is argued that member countries retain considerable flexibility to incorporate pro-competitive inputs and to give appropriate consideration to non-intellectual property interests in adopting legislation at the intersection of antitrust and IP. The Article further develops criteria to assess the TRIPs-compatibility both of antitrust intervention and of generalized, ex ante legislative measures …
The "Theatre Of Dreams"? - Manchester United Fc, Globalization, And International Sports Law, Ola Olatawura
The "Theatre Of Dreams"? - Manchester United Fc, Globalization, And International Sports Law, Ola Olatawura
Marquette Sports Law Review
No abstract provided.
Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp
Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp
Marquette Sports Law Review
No abstract provided.
An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren
An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren
Marquette Sports Law Review
No abstract provided.
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski
Marquette Sports Law Review
No abstract provided.
Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot
Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot
Marquette Sports Law Review
No abstract provided.
What Athletic Departments Must Know About Title Ix And Sexual Harassment, Holly Hogan
What Athletic Departments Must Know About Title Ix And Sexual Harassment, Holly Hogan
Marquette Sports Law Review
No abstract provided.
Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies
Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies
Marquette Sports Law Review
No abstract provided.
2005 Annual Survey: Recent Developments In Sports Law, Susan K. Menge
2005 Annual Survey: Recent Developments In Sports Law, Susan K. Menge
Marquette Sports Law Review
No abstract provided.
Foreword: National Sports Law Institute Board Of Advisors , Matthew J. Mitten, Paul M. Anderson
Foreword: National Sports Law Institute Board Of Advisors , Matthew J. Mitten, Paul M. Anderson
Marquette Sports Law Review
No abstract provided.
In Memoriam: Charles W. Mentkowski
Did Major League Baseball Balk? Why Didn't Mlb Bargain To Impasse And Impose Stricter Testing For Performance Enhancing Substances? , Michael J. Cramer, James W. Swiatko Jr.
Did Major League Baseball Balk? Why Didn't Mlb Bargain To Impasse And Impose Stricter Testing For Performance Enhancing Substances? , Michael J. Cramer, James W. Swiatko Jr.
Marquette Sports Law Review
No abstract provided.
Free Shoes For Primary And Secondary Schools: Playing By The Rules Of Title Ix, Patricia A. Cervenka
Free Shoes For Primary And Secondary Schools: Playing By The Rules Of Title Ix, Patricia A. Cervenka
Marquette Sports Law Review
No abstract provided.
Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis
Avila V. Citrus Community College District: Shaping The Contours Of Immunity And Primary Assumption Of The Risk, Timothy Davis
Marquette Sports Law Review
No abstract provided.
Termination Of College Coaching Contracts: When Does Adequate Cause To Terminate Exist And Who Determines Its Existence?, Martin J. Greenberg
Termination Of College Coaching Contracts: When Does Adequate Cause To Terminate Exist And Who Determines Its Existence?, Martin J. Greenberg
Marquette Sports Law Review
No abstract provided.
Coaching In The National Football League: A Market Survey And Legal Review, Robert H. Lattinville, Robert A. Boland
Coaching In The National Football League: A Market Survey And Legal Review, Robert H. Lattinville, Robert A. Boland
Marquette Sports Law Review
No abstract provided.
Managing Risk In Interscholastic Athletic Programs: 14 Legal Duties Of Care, Janis K. Doleschal
Managing Risk In Interscholastic Athletic Programs: 14 Legal Duties Of Care, Janis K. Doleschal
Marquette Sports Law Review
No abstract provided.
Checking Up On Student-Athletes: A Ncaa Regulation Requiring Criminal Background Checks, Lindsay M. Potrafke
Checking Up On Student-Athletes: A Ncaa Regulation Requiring Criminal Background Checks, Lindsay M. Potrafke
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Sports Journals, James M. Swiatko, Jr.
Index: Sports Law In Law Reviews And Sports Journals, James M. Swiatko, Jr.
Marquette Sports Law Review
No abstract provided.
Intellectual Property Protection In China: Enforcing Trademark Rights, Anne M. Wall
Intellectual Property Protection In China: Enforcing Trademark Rights, Anne M. Wall
Marquette Sports Law Review
No abstract provided.