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Full-Text Articles in Law
Vol. Ix, Tab 41 - Ex. J - Hagan Deposition From Cng (Google Managing Counsel - Trademarks), Rose Hagan
Vol. Ix, Tab 41 - Ex. J - Hagan Deposition From Cng (Google Managing Counsel - Trademarks), Rose Hagan
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Ix, Tab 41 - Ex. 21 - Email From Lena Huang (Rosetta Online Marketing), Lena Huang
Vol. Ix, Tab 41 - Ex. 21 - Email From Lena Huang (Rosetta Online Marketing), Lena Huang
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
A Battle Between Geography Indication And Trademark, Jia Xu
A Battle Between Geography Indication And Trademark, Jia Xu
Cornell Law School J.D. Student Research Papers
In 2005, Administration for Quality, Supervision, Inspection and Quarantine (AQSIQ) issued “Administrative Regulation on Indications of Original Source and Regulation on Protection of Products from Original Sources,” but “Implementing Rules of the Trademark Law of the People's Republic of China” has included the protection of Geography Indication into the trademark law. The two separate tracks of protection of GI have caused much confusion to the intellectual property right holders regarding their property rights. This thesis introduces and compares the concept of trademark and geography indications, analyzes the current protection mode both in China and abroad and discusses how to eliminate …
Vol. Ix, Tab 46 - Ex. 8 - Email From Emily White, Emily White
Vol. Ix, Tab 46 - Ex. 8 - Email From Emily White, Emily White
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Why We Are Confused About The Trademark Dilution Law, Christine Farley
Why We Are Confused About The Trademark Dilution Law, Christine Farley
Articles in Law Reviews & Other Academic Journals
In the decade following passage of a federal right of anti-dilution, the biggest question in trademark law was how to prove dilution. This is a clear sign of something. Can no smart attorney, judge, or social scientist figure out what dilution is in order to prove it? Dilution has proven to be a "dauntingly elusive concept" for the courts. Even in the Supreme Court, nearly all of the questions from the Justices In oral argument in Moseley v. V. Secret Catalog were seeking to simply understand what dilution is.Unless they simply know it when they see it, other courts either …
The Secret Life Of Legal Doctrine: The Divergent Evolution Of Secondary Liability In Trademark And Copyright Law, Mark Bartholomew, John Tehranian
The Secret Life Of Legal Doctrine: The Divergent Evolution Of Secondary Liability In Trademark And Copyright Law, Mark Bartholomew, John Tehranian
Journal Articles
The recent explosion in intellectual property litigation has witnessed increasing recourse to secondary liability theories. The courts have responded favorably to plaintiffs by enunciating substantial reinterpretations of extant principles, thereby precipitating a veritable secondary liability revolution. Numerous commentators have bemoaned this trend, contending that judicial recasting of liability rules expands intellectual property rights beyond their intended scope, thereby resulting in an overprotective regime that stifles innovation. Yet one of the most striking aspects of the secondary liability revolution has been all but ignored in the literature: While the courts have broadened the scope of secondary liability principles with respect to …
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Articles by Maurer Faculty
No abstract provided.
What Is Dilution, Anyway?, Stacey Dogan
What Is Dilution, Anyway?, Stacey Dogan
Faculty Scholarship
Ever since the Supreme Court decided Moseley v. V Secret Catalogue, Inc. in 2003, an amendment to the Federal Trademark Dilution Act (“FTDA”) has appeared inevitable. Congress almost certainly meant to adopt a “likelihood of dilution” standard in the original statute, and the 2006 revisions correct its sloppy drafting. Substituting a “likelihood of dilution” standard for “actual dilution,” however, does not resolve a deeper philosophical question that has always lurked in the dilution debate: what is dilution, and how does one prove or disprove its probability? The statutory definition notwithstanding, this issue remains largely unanswered, leaving the courts with the …
Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes
Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes
Articles
Geographical Indications (GIs) are terms for foodstuffs that are associated with certain geographical areas. The law of GIs is currently in a state of flux. Legal protection for GIs mandated in the TRIPS Agreement is implemented through appellations law in France and through certification mark systems in the United States and Canada. This Article first examines the state of GIs throughout the world. The author then turns to the continuing debate between the European Union and other industrialized economies over this unique form of intellectual property. The European Union claims that increasing GI protection would aid developing countries, but, in …