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Full-Text Articles in Law
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton
Washington and Lee Law Review
When the Oscar-winning actress Julia Roberts fought for control of the domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the space, implicate unique aspects of an individual's persona in cyberspace. Nevertheless, most of the legal rules developedfor these disputes are …
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii
Washington and Lee Law Review
No abstract provided.
Trademark Extortion: The End Of Trademark Law, Kenneth L. Port
Trademark Extortion: The End Of Trademark Law, Kenneth L. Port
Washington and Lee Law Review
Trademark litigation in America today is undergoing a profound change. Based on a review of all trademark cases reported since the Lanham Act took effect, this Article concludes that this profound change is due to "trademark extortion," the use of strike suits and the like to deter market entrants. All 7,500 reported trademark decisions between 1947 and 2005 were read. Of those, 2,659 were truly substantive cases that terminated a trademark law suit. The claimant of a trademark right prevailed only 51% of the time. They prevailed in getting an injunction in only 55% of those cases demanding one. Only …
Inequitable Conduct Inequitably Inferred: When Do Patent Applicants' Actions Intend To Deceive?, Chris Henry
Inequitable Conduct Inequitably Inferred: When Do Patent Applicants' Actions Intend To Deceive?, Chris Henry
Washington and Lee Law Review
No abstract provided.
Fashionable Ip Or Ip For Fashion?, Norman L. Balmer
Fashionable Ip Or Ip For Fashion?, Norman L. Balmer
Washington and Lee Law Review
No abstract provided.
Tearing Fashion Design Protection Apart At The Seams, Lisa J. Hedrick
Tearing Fashion Design Protection Apart At The Seams, Lisa J. Hedrick
Washington and Lee Law Review
No abstract provided.