Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Trademark's Judicial De-Evolution: Why Courts Get Trademark Cases Wrong Repeatedly, Glynn Lunney Oct 2018

Trademark's Judicial De-Evolution: Why Courts Get Trademark Cases Wrong Repeatedly, Glynn Lunney

Glynn Lunney

Trademark law has de-evolved. It has transitioned from an efficient mechanism for ensuring competition into an inefficient regime for capturing economic rents. In this Article, I focus on the role that party self-interest has played in biasing the evolution of trademark law. This self-interest tends to lead parties to (1) challenge efficient legal rules and seek to replace them with inefficient, anticompetitive rules, and (2) accede to inefficient, anticompetitive rules once they are in place. Almost by definition, when a rule of trademark law promotes competition, it reduces the market surplus or rents that current producers capture. As a result, …


Patents And Growth: Empirical Evidence From The States, Glynn S. Lunney Jr. Jul 2018

Patents And Growth: Empirical Evidence From The States, Glynn S. Lunney Jr.

Glynn Lunney

No abstract provided.


Ftc V. Actavis: The Patent-Antitrust Intersection Revisited, Glynn S. Lunney Jr. Jul 2018

Ftc V. Actavis: The Patent-Antitrust Intersection Revisited, Glynn S. Lunney Jr.

Glynn Lunney

No abstract provided.


E-Obviousness, Glynn S. Lunney Jr Jul 2018

E-Obviousness, Glynn S. Lunney Jr

Glynn Lunney

In 1790, Congress enacted the first patent statute and imposed two substantive requirements before a patent could issue: novelty and utility. Administrators of the patent system, however, recognized from the outset that patents ought not be granted for every trivial advance in an art; some more substantial improvement was required In 1851, the Court formally tied this third substantive requirement for patentability to the language of the Constitution by distinguishing minor improvements reflecting "the work of the skilful mechanic" from substantial improvements reflecting "[the work] of the inventor."

In 1952, Congress formally incorporated this third requirement, mandating substantial improvements, into …


On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr. Jul 2018

On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr.

Glynn Lunney

No abstract provided.


Atari Games V. Nintendo: Does A Closed System Violate The Antitrust Laws, Glynn S. Lunney Jr Jul 2018

Atari Games V. Nintendo: Does A Closed System Violate The Antitrust Laws, Glynn S. Lunney Jr

Glynn Lunney

As I rushed through the malls this past Christmas, I noticed a new store, one that would not have been possible just a few years ago. It was a Nintendo boutique. I was permitted only to gaze longingly at the games and accessories on display before being pulled away to shop for the things I would actually buy, but I thought it would be fun to return someday and purchase the system and perhaps a few cartridges and accessones.

So, I must admit that my perspective on the Atari v. Nintendo suits will not be that of an unaffected observer, …