Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (215)
- DePaul University (26)
- Yeshiva University, Cardozo School of Law (26)
- UIC School of Law (18)
- BLR (12)
-
- Schulich School of Law, Dalhousie University (9)
- University of Baltimore Law (9)
- Brooklyn Law School (8)
- Fordham Law School (8)
- The Catholic University of America, Columbus School of Law (8)
- University of Michigan Law School (7)
- American University Washington College of Law (6)
- Georgetown University Law Center (5)
- Maurer School of Law: Indiana University (5)
- Pepperdine University (4)
- Texas A&M University School of Law (4)
- University at Buffalo School of Law (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- University of New Hampshire (4)
- University of Washington School of Law (4)
- Winthrop University (4)
- Florida International University College of Law (3)
- St. John's University School of Law (3)
- University of Georgia School of Law (3)
- William & Mary Law School (3)
- Case Western Reserve University School of Law (2)
- Loyola Marymount University and Loyola Law School (2)
- Marquette University Law School (2)
- New York Law School (2)
- Penn State Dickinson Law (2)
- Keyword
-
- Antitrust (16)
- Law (15)
- Consumer Protection Law (14)
- Intellectual Property Law (14)
- Intellectual property (13)
-
- Trademarks (13)
- Copyright (12)
- Consumer protection (10)
- Technology (10)
- Trademark (10)
- Trademark law (10)
- Regulation (9)
- Science and Technology (9)
- Computer Law (8)
- Copyright law (8)
- Lanham Act (8)
- Law and Technology (8)
- Microsoft (7)
- Privacy (7)
- SFFA (7)
- Affirmative Action (6)
- Artificial intelligence (6)
- Contracts (6)
- Corporations (6)
- Courts (6)
- ESG (6)
- International Law (6)
- International Trade (6)
- Monopolization (6)
- Patents (6)
- Publication Year
- Publication
-
- Seattle University Law Review (189)
- DePaul Business & Commercial Law Journal (26)
- Seattle Journal for Social Justice (25)
- Cardozo Arts & Entertainment Law Journal (16)
- ExpressO (12)
-
- UIC Review of Intellectual Property Law (9)
- All Faculty Scholarship (8)
- Articles, Book Chapters, & Popular Press (8)
- Catholic University Journal of Law and Technology (8)
- Faculty Scholarship (7)
- UIC Law Review (7)
- Faculty Publications (6)
- Georgetown Law Faculty Publications and Other Works (5)
- Brooklyn Journal of Corporate, Financial & Commercial Law (4)
- Brooklyn Journal of International Law (4)
- Cardozo Journal of Conflict Resolution (4)
- Fordham Law Review (4)
- Journal of Legal Studies in Business (4)
- Law Faculty Scholarship (4)
- Cardozo Law Review (3)
- Michigan Law Review (3)
- Scholarly Works (3)
- Washington Law Review (3)
- William & Mary Law Review (3)
- Amicus Briefs & Court Filings (2)
- Articles (2)
- Buffalo Law Review (2)
- Cardozo Journal of Equal Rights & Social Justice (2)
- FIU Law Review (2)
- IP Theory (2)
- Publication Type
Articles 391 - 420 of 441
Full-Text Articles in Consumer Protection Law
Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande
Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande
All Faculty Scholarship
This short piece considers whether the EU antitrust action against Intel constitutes an example of European regulators attacking a successful US company in order to protect a European competitor, or whether it instead is an example of legitimate law enforcement.
True Or False: The Expanding "False By Necessary Implication" Doctrine In Lanham Act False Advertising, And How A Revitalized Puffery Defense Can Solve This Problem, Sarah Samuelson
Cardozo Law Review
No abstract provided.
Live Alienation: One Super-Promoter Eliminates Competition, Concert Fans Pay The Price, And The Sherman Act Waits In The Wings, 41 J. Marshall L. Rev. 527 (2008), Laura C. Howard
UIC Law Review
No abstract provided.
A Key To Unlocking Your Iphone: Eliminating Wireless Service Providers' Use Of United States Copyright Law To Limit Consumer Choice And Provider Competition, Tate M. Keenan
Georgia Law Review
While consumers have a choice whether to purchase an iPhone, they have no choice in the wireless service provider that is linked to it. This is just one example of what has become a regular practice in the world of American cellular phones--cell phone locking. Today, modern American cell phone users stand at the mercy of wireless service providers. They are placed in this position in part because wireless service providers have had the inadvertent luxury of being overly protected by United States copyright law. As the law stands today, wireless service providers are not only free to lock handsets …
Accommodating The Needs Of Iconsumers: Making Sure They Get Their Money’S Worth Of Digital Entertainment, Lucie Guibault
Accommodating The Needs Of Iconsumers: Making Sure They Get Their Money’S Worth Of Digital Entertainment, Lucie Guibault
Articles, Book Chapters, & Popular Press
The current methods of distributing music and film on the mass-market, either off-line or on-line, raise two types of consumer protection issues. First, consumers are not always in a position to know what they can and cannot do with their digital hardware and content. A lack of proper information and the ensuing failure of the products to meet the consumer’s expectations inevitably leads to discontent. In addition, as weaker party in the transaction, consumers have often no other choice but to accept or refuse the restrictive terms of use, even if these could be regarded as unfair. This paper examines …
Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande
Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande
All Faculty Scholarship
This short piece explains how the first unit discounts or rebates allegedly given by Intel on their X86 chips could harm competition, innovation, and PC purchasers in this crucial $33 billion/year market. For these reasons, their discounts or rebates could violate European Competition law and U.S. Antitrust law.
Private Copyright: Digital Rights Management Systems And The Consumer, Victor Nicholas Knipe
Private Copyright: Digital Rights Management Systems And The Consumer, Victor Nicholas Knipe
ExpressO
Digital Rights Managements (DRM) systems impact the digital content and software marketplace on several levels. The issues include copyright law, contract law, privacy, antitrust, and consumer protection. This paper examines how DRM systems affect the consumer and what changes can be made to bring about a more sensible and transparent market in the United States.
Fostering Creativity In Virtual Worlds: Easing The Restrictiveness Of Copyright For User-Created Content, Todd David Marcus
Fostering Creativity In Virtual Worlds: Easing The Restrictiveness Of Copyright For User-Created Content, Todd David Marcus
NYLS Law Review
No abstract provided.
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
Trademark Law And Status Signaling: Tattoos For The Privileged, Jeffrey L. Harrison
UF Law Faculty Publications
The motivations for buying a good or service are highly complex. At the most basic level, people buy goods because of what the goods do or because of the aesthetic elements they embody. More technically, buyers derive utility from the "functional" quality of these goods. Another motivation relates to what the goods "say" about the buyer. Here, the good is a signaling device. Signaling is not new, of course, and can indicate anything from social class to political leanings.
This Essay addresses the issue of whether it should be public policy to subsidize this type of person-to-person status signaling. This …
It Depends On What The Meaning Of "False" Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet
It Depends On What The Meaning Of "False" Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
While scholarship regarding the Supreme Court's noncommercial speech doctrine has often focused on the level of protection for truthful, non-misleading commercial speech, scholars have paid little attention to the exclusion of false or misleading commercial speech from all First Amendment protection. Examining the underpinnings of the false and misleading speech exclusion illuminates the practical difficulties that abolishing the commercial speech doctrine would pose. Through a series of fact patterns in trademark and false advertising cases, this piece demonstrates that defining what is false or misleading is often debatable. If commercial speech were given First Amendment protection, consumer protection and First …
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
Faculty Publications
This article argues that trademark infringement and dilution are best understood as commercial behavior that manipulates the cognitive biases of consumers, and as such threatens to render their heuristic judgments persistently inaccurate. In this view, trademark liability—whether imposed under the label of infringement or dilution—serves neither to protect property rights of trademark owners, nor to protect them against the unfair trade practices of competitors, but to shape consumer markets in such a way as to conform to the innate cognitive processes of boundedly rational consumers. The trademark regime can thus be understood as a legal apparatus designed (albeit perhaps unconsciously) …
Why The Customer Isn’T Always Right: Producer-Based Limits On Rights Accretion In Trademark, Rebecca Tushnet
Why The Customer Isn’T Always Right: Producer-Based Limits On Rights Accretion In Trademark, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
In this article the author responds to James Gibson’s article Risk Aversion and Rights Accretion in Intellectual Property Law, which offers valuable insights into the extra-judicial dynamics that have contributed to the seemingly unending expansion of copyright and trademark rights over the past few decades. Her response focuses on the trademark side of that expansion. The theoretical basis for granting trademark rights is that, if consumers perceive that a mark or other symbol indicates that a single source is responsible for a product or service—whether through physical production, licensing, sponsorship, or other approval—then the law should give effect to …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
The (Boundedly) Rational Basis Of Trademark Liability: Reconciling The Federal Trademark Dilution Act And The Lanham Act, Jeremy Sheff
The (Boundedly) Rational Basis Of Trademark Liability: Reconciling The Federal Trademark Dilution Act And The Lanham Act, Jeremy Sheff
ExpressO
The confusion that has accompanied the effort to graft a dilution remedy onto federal trademark law has sown deep uncertainty about the remedy's proper scope and purpose. This confusion is an outgrowth of the peculiar history of dilution theory in the development of trademark law, and the resulting tension between uniqueness-based theories of dilution and theories based on free-riding concerns. This Article takes the position that the current conceptual framework for trademark liability is misguided. By focusing its analysis on consumer beliefs about the relationship between a mark and a manufacturer, current trademark doctrine is ignoring a far more persuasive …
Data Privacy, Data Piracy: Can India Provide Adequate Protection For Electronically Transferred Data?, Vinita Bali
Data Privacy, Data Piracy: Can India Provide Adequate Protection For Electronically Transferred Data?, Vinita Bali
ExpressO
As the wave of outsourcing to India swells, there is growing concern about the inadequacies of the India legal system in protecting data being transferred to it from other nations for the purpose of processing. India has a smattering of laws that scantily address the issue of data privacy. Under pressure from the business processing industry in India, as well as from the European Union and other nations, it is but a matter of time before India adopts a slate of laws that address the issue of data protection. Once these laws are enacted, the main issue that remains is …
Technoconsen(T)Sus, Andrea M. Matwyshyn
Technoconsen(T)Sus, Andrea M. Matwyshyn
ExpressO
Law is contributing to an information security paradox. Consumers are regularly “consenting” to the installation of computer code that makes them more vulnerable to harms such as identity theft. In particular, digital rights management technology accompanying digital music has recently left a wake of compromised user machines. Using the case study of security-invasive digital rights management technology, this article argues that a fundamental tension exists among intellectual property law, computer intrusion law and contract law regarding meaningful consumer consent in digital contexts. This article proposes to ease the noise in consent doctrine through creating an objective “reasonable digital consumer” standard …
Are Patented Research Tools Still Valuable? Use, Intent, And A Rebuttable Presumption: A Proposed Modification For Analyzing The Exemption From Patent Infringement Under 35 Usc 271 (E) (1), Vihar R. Patel
ExpressO
Briefly, the article proposes to have courts focus on the nature of an individual's use and apply the "UART" (Use As a Research Tool) factors to determine if a patented invention is being used as a research tool. If a patented invention is being used as a research tool, then the court is to presume that the activities are not covered by the FDA exemption. However, this presumption can be rebutted by a researcher's demonstration of the research tool owner using his patent to block efforts to develop a competing product. If the presumption is rebutted, then the court applies …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Introduction To David Nimmer's Modest Proposal, Justin Hughes
Introduction To David Nimmer's Modest Proposal, Justin Hughes
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Search And Persuasion In Trademark Law, Barton Beebe
Search And Persuasion In Trademark Law, Barton Beebe
Michigan Law Review
The consumer, we are led to believe, is the measure of all things in trademark law. Trademarks exist only to the extent that consumers perceive them as designations of source. Infringement occurs only to the extent that consumers perceive one trademark as referring to the source of another. The most "intellectual" of the intellectual properties, trademarks are a property purely of consumers' minds. The simple idealist ontology underlying trademark law is largely responsible for the law's characteristic instability. Since 1992, the Supreme Court has considered - and in some cases, reconsidered - seven trademark cases. The Court's copyright cases garner …
Intellectual Property Rights In Digital Media: A Comparative Analysis Of Legal Protection, Technological Measures And New Business Models Under E.U. And U.S. Law, Nicola Lucchi
ExpressO
The production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights balancing contrasted rights. Owners of the old technology and policy makers have found two different solutions and remedies for intellectual property rights: legal and technological. When both remedies work together any rights that a consumer may have under copyright law could be replaced by a unilaterally defined contractual term and condition. To balance this inequity this article analyses different solutions under U.S. …
Material Vulnerabilities: Data Privacy, Corporate Information Security And Securities Regulation, Andrea M. Matwyshyn
Material Vulnerabilities: Data Privacy, Corporate Information Security And Securities Regulation, Andrea M. Matwyshyn
ExpressO
This article undertakes a normative and empirical legal inquiry into the manner information security vulnerabilities are being addressed through law and in the marketplace. Specifically, this article questions the current legislative paradigm for information security regulation by presenting a critique grounded in information security and cryptography theory. Consequently, this article advocates shifting our regulatory approach to a process-based security paradigm that focuses on improving security of our system as a whole. Finally, this article argues that in order to accomplish this shift with least disruption to current legal and economic processes, expanding an existing set of well-functioning legal structures is …
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
UIC Law Review
No abstract provided.
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
UIC Law Review
No abstract provided.
Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis
Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis
Cardozo Journal of Equal Rights & Social Justice
The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with …
Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn
Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn
Cardozo Arts & Entertainment Law Journal
No abstract provided.
When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault
When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault
Articles, Book Chapters, & Popular Press
In Europe, much has been written recently about the collective management of copyright and related rights. April 2004 saw the publication of the European Commission’s Communication to the Council and the European Parliament on the Management of Copyright and Related Rights in the Internal Market. This communication confirms the Commission’s intention to adopt, in the not too distant future, a directive on the governance of the societies for collective management of copyright and related rights (collecting societies) in Europe. In addition to describing the current situation in the area of collective management of copyright and related rights in the European …
Essay, Digital Bowdlerizing: Removing The Naughty Bytes, Llewellyn Joseph Gibbons
Essay, Digital Bowdlerizing: Removing The Naughty Bytes, Llewellyn Joseph Gibbons
ExpressO
Unlike Dr. Bowdler, who republished the works of Shakespeare with the naughty bits removed, the modern digital Bowdlerizer deletes offensive content from digital works in a variety of ways. This Essay will analyze the technologies used by the modern Bowdlerizer to determine when, if, and which technologies make copies in violation of the copyright owner’s § 106(1) right to control reproduction or make derivative copies of a preexisting work that may infringe the copyright owner’s 17 U.S.C. § 106(2) right to authorize the creation of derivative works. These technologies not only support militant prudery, but they also may add new …