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Articles 1 - 6 of 6
Full-Text Articles in Law
Stolen Valor And The First Amendment: Does Trademark Infringement Law Leave Congress An Opening?, Susan Richey, John M. Greabe
Stolen Valor And The First Amendment: Does Trademark Infringement Law Leave Congress An Opening?, Susan Richey, John M. Greabe
John M Greabe
This paper elaborates an argument the authors presented in an amicus brief filed in United States v. Alvarez, the "Stolen Valor" case. The paper contends that Congress could constitutionally protect the Congressional Medal of Honor as a collective membership mark by means of trademark infringement legislation.
Abolish Trademark Law's Initial Interest Confusion And Permit Manipulative Internet Search Practices, Priya Singh
Abolish Trademark Law's Initial Interest Confusion And Permit Manipulative Internet Search Practices, Priya Singh
The Journal of Business, Entrepreneurship & the Law
This article discusses trademark law’s doctrine of initial interest confusion, which is currently applied to Internet cases. First, it argues that the doctrine is problematic because it does not require the traditional showing of likelihood of confusion, it is superfluous, and it is unnecessary in the Internet context. Second, it proposes that courts should instead rely on the likelihood of confusion analysis. Additionally, courts should acknowledge that metatags are an outdated issue, and, when it comes to domain names, they should make use of the Anticybersquatting Consumer Protection Act (“ACPA”).
Playboy, Contact Lenses, And Trademark Infringement: An Analysis Of Possible Claims As A Result Of Pop-Up Advertisements, Ashley A. Locke
Playboy, Contact Lenses, And Trademark Infringement: An Analysis Of Possible Claims As A Result Of Pop-Up Advertisements, Ashley A. Locke
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Liability For Trademark Infringement For Internet Service Providers, Katja Weckström
Liability For Trademark Infringement For Internet Service Providers, Katja Weckström
Marquette Intellectual Property Law Review
In the wake of the millennium and the rise of the internet, legislative action was taken to shelter internet service providers (ISPs) from various forms of legal action. In the turmoil of chartering new and unregulated territory, such a safe harbor was deemed necessary to protect startup businesses. Today, these internet actors (e.g. Google, Amazon, and eBay) have grown strong and powerful. Thus, intellectual property holders have started to challenge this privilege in court. Increasingly, owners of famous marks seek liability and damages for direct and indirect trademark infringement in courts around the globe. This Article will focus on liability …
Chinese Patents As Copyrights, Benjamin Piwei Liu
Chinese Patents As Copyrights, Benjamin Piwei Liu
Campbell Law Review
Although harmonization efforts such as the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS) and the Patent Corporation Treaty regime have brought national patent systems closer, differences among them remain a continuing challenge to innovators in an interconnected global marketplace. The recent development of the Chinese patent system is of particular interest because China is the factory of the world, the most populous market, the home of the patent office that handles the most patent application filings, and the number one source of imports that violate intellectual property rights (IPR). Its patent system affects every company whose supply …
Out Of Sight, Out Of Mind? Why The Lanham Act Needs To Be Brought Into The Digital Millennium, M. Lee Taft
Out Of Sight, Out Of Mind? Why The Lanham Act Needs To Be Brought Into The Digital Millennium, M. Lee Taft
Campbell Law Review
This Comment provides a brief overview of trademark law as specifically applied in the context of the Internet, and also looks at the substantial differences in how that law is applied in various jurisdictions. Part I of the Comment briefly discusses the protections offered by the Lanham Act. Part II discusses the Lanham Act as applied to the Internet, specifically in the context of website meta tags. Part III discusses how recent decisions have ruled on the buying and selling of keywords. Part IV discusses recent rulings on using trademarked terms as meta tags. Finally, Part V discusses potential changes …