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Articles 541 - 570 of 600
Full-Text Articles in Intellectual Property Law
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
Marquette Intellectual Property Law Review
Conflicts between patent and trademark law arise when the owner of a patent seeks to protect the physical configuration disclosed in a patent. Patent law requires that information in a patent be dedicated to the public upon expiration of the patent; however, trademark law can be used upon expiration of the patent to continue to exclude certain aspects of the art disclosed in the patent. This note explores existing jurisprudence on the conflict between patent and trademark law and proposes a remedy to this conflict.
Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow
Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow
Northwestern Journal of International Law & Business
Although the discussion in this Article is limited to counterfeiting in China, many of the issues discussed are endemic to the Chinese legal system as a whole, and apply also to other intellectual property rights, such as copyright piracy and patent infringements. Moreover, many of the themes raised in this Article also illuminate the current state of the nascent Chinese legal system as a whole and how its capacity is tested as it continues the struggle to keep pace with China's many economic reforms and accompanying social changes. Part I of this Article begins with a review of the enforcement …
Vol. Ix, Tab 47 - Ex. 1 - Document "Our Collar - Rosetta Stone New Brand", Dawn Mcavoy
Vol. Ix, Tab 47 - Ex. 1 - Document "Our Collar - Rosetta Stone New Brand", Dawn Mcavoy
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?
The Paradoxes Of Free Software, Stephen M. Mcjohn
The Paradoxes Of Free Software, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This paper describes the legal structure of open source software and analyzes the likely issues to arise. A combination of copyright law and trademark law serves to permit the free distribution of open source software. The software is kept under copyright, but freely licensed under one of various open source licenses. The legal structure of open source is an elegant and robust use of intellectual property law that turns the customary use of intellectual property on its head, by using intellectual property laws, which normally are used to guard exclusive rights, to safeguard free access to and use of software. …
Laudatory Terms In Trademark Law: Square Pegs In Round Holes, Gary J. Sosinsky
Laudatory Terms In Trademark Law: Square Pegs In Round Holes, Gary J. Sosinsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey
Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
Scholarship Chronologically
Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown
The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Vigilance In The Twenty-First Century: A Pragmatic Approach, Peter S. Sloane, Bret I. Parker, Eric A. Prager, Kathleen Donohue
Trademark Vigilance In The Twenty-First Century: A Pragmatic Approach, Peter S. Sloane, Bret I. Parker, Eric A. Prager, Kathleen Donohue
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Scholarship Chronologically
Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …
Introduction, Wendy J. Gordon
Introduction, Wendy J. Gordon
Faculty Scholarship
Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin J. Roth, Robert B. Bennett
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin J. Roth, Robert B. Bennett
Scholarship and Professional Work - Business
Following a brief discussion of the history of trademark infringement law, the events leading to the FTDA, and an overview of the FTDA, this paper discusses the major causes of the FTDA's ineffectiveness. We will then review the application of the act, discuss its implications on the future of trademark ownership in business, and suggest improvements to the legal application of the act.
1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew
1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew
American University Law Review
No abstract provided.
The New World Of International Trademark Law, Marshall A. Leaffer
The New World Of International Trademark Law, Marshall A. Leaffer
Marquette Intellectual Property Law Review
Professor Leaffer discusses how the globalization process has forced evolution of international norms and favorably changed the face of trademark law. Professor Leaffer reviews the new developments in major treaties, the Madrid Protocol and the Trademark Law Treaty, and regional treaties, such as the new Community Trademark, and how they continue to build upon the progress of the Paris Convention toward harmonization in the world of international trademark law. Professor Leaffer explains that the benefits from the trend toward harmonization will be enjoyed not only by trademark owners, but also by consumers whose welfare will be enhanced by harmonization.
Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port
Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port
Marquette Intellectual Property Law Review
Professor Port provides a comment on Marshall A. Leaffer's article that offers another viewpoint on the important issue of the globalization process and trademark law. Rather than seeking ideals of international trademark laws through harmonization, Professor Port suggests that a better objective is internationalization. Professor Port explains that harmonization of international trademark law will be impossible as long as world communities adhere to territorial justifications for sovereignty and jurisdiction. Because goods flow in the reality of an international market, Professor Port reasons that initiatives to avoid inefficiencies and uncertainties of global trademark laws should be directed toward internationalization.
The Smell Of Success: Trade Dress Protection For Scent Marks, Faye M. Hammersley
The Smell Of Success: Trade Dress Protection For Scent Marks, Faye M. Hammersley
Marquette Intellectual Property Law Review
The author discusses the implications of the United States Patent and Trademark Trial and Appeal Board decision In re Clarke, where the Patent and Trademark Office first issued trademark registration for a fragrance. Hammersley discusses expanding trade dress protection to include scents, the positive aspects of scent protection, and the potential of registering scents under current legal standards.
No Protection, No Progress For Graphical User Interfaces, Jane M. Rolling
No Protection, No Progress For Graphical User Interfaces, Jane M. Rolling
Marquette Intellectual Property Law Review
The Author examines the courts' reluctance to grant intellectual property protection to graphic user interfaces, the visual elements of computer software. Rolling suggests that software manufacturers should seek trade dress protection of graphic user interfaces.
"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea
"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea
Marquette Intellectual Property Law Review
Focusing on Qualitex v. Jacobs Products, an opinion authored by Supreme Court Justice Breyer that extends trademark protection to colors, the Author examines Justice Breyer's attitude toward intellectual property law, how Justice Breyer's views were extended in Qualitex, and how Justice Breyer's views may affect intellectual property law in the future.
How Early Did Anglo-American Trademark Law Begin? An Answer To Schechter's Conundrum, Keith M. Stolte
How Early Did Anglo-American Trademark Law Begin? An Answer To Schechter's Conundrum, Keith M. Stolte
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Prosecution In The Patent And Trademark Office And Litigation In The Trademark Trial And Appeal Board, David W. Ehrlich, Richard A. Friedman, Donna L. Mirman, T. Jeffrey Quinn
Trademark Prosecution In The Patent And Trademark Office And Litigation In The Trademark Trial And Appeal Board, David W. Ehrlich, Richard A. Friedman, Donna L. Mirman, T. Jeffrey Quinn
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Surveys: Identifying The Relevant Universe Of Confused Consumers, Shashank Upadhye
Trademark Surveys: Identifying The Relevant Universe Of Confused Consumers, Shashank Upadhye
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero
Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Keep It Real: A Call For A Broader Quality Control Requirement In Trademark Law , Noah D. Genel
Keep It Real: A Call For A Broader Quality Control Requirement In Trademark Law , Noah D. Genel
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler
The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler
Marquette Intellectual Property Law Review
In growing regional societies such as the European Union, there is a recognized need for standardization of trademark protection. Radler discusses the recent creation of the "Community Trade Mark" ("CTM") and analyzes the pros, the cons, and the alternatives to regional trademark protection within the EU. Concluding that the CTM is the most appropriate alternative, Radler suggests that the CTM provides uniformity, efficiency, and a means for further harmonization.
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
Seattle University Law Review
This Article explores the present Internet addressing system, the history of trademark disputes on the Internet, and proposals for resolving these disputes. Part I provides a brief history of the Internet, discusses its addressing system, and explains the use of domain names as identifiers for companies on the Internet. Part II introduces the current system for registering Internet domain names and the problems associated with its structure. Part III gives a brief background of trademark law and tracks the evolution of disputes that have arisen as a result of the intersection of the Internet and trademark law. Finally, Part IV …
Reverse Passing Off: Preventing Healthy Competition, Catherine Romero Wright
Reverse Passing Off: Preventing Healthy Competition, Catherine Romero Wright
Seattle University Law Review
In order to protect creativity, the development of products, and access to the marketplace, the Ninth Circuit should readopt the strict bodily appropriations test when determining whether a plaintiff has a legitimate claim under the Lanham Act for reverse passing off. This test protects product originators from having their products mislabeled and it protects entrepreneurs like Chad, who can make valuable contributions to products. This Comment begins with a brief description of the origins of reverse passing off, followed by its evolution in the Ninth Circuit. The expansion of this cause of action in some other circuits is examined; and …
The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles
The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles
Touro Law Review
No abstract provided.
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Faculty and Staff Scholarship
In 1979, the United States Supreme Court decided Friedman v. Rogers, a case involving a First Amendment challenge to a Texas statute that prohibited optometrists from practicing under an assumed trade name. Although an important case, Friedman certainly is not one of the major milestones of First Amendment jurisprudence. Prior Supreme Court decisions established that although commercial speech is protected by the First Amendment, government may regulate speech to prevent deception or confusion. Because a majority in Friedman found a possibility of deception, the Court held that Texas could constitutionally prohibit the use of a trade name. Friedman becomes much …
Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley
Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley
Scholarly Articles in Law Reviews & Journals
What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap material and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reporduced on carpets they did not make, and sold to non-Aboriginals, who will inevitably walk on them? Do these communities have any legal rights to these pieces of their culture? Does the law provide any means for them to take back their culture or to prevent further poaching? https://papers.ssrn.com/sol3/papers.cfm?abstract_id=923410
Trademark Parody: Lessons From The Copyright Decision In Campbell V. Acuff-Rose Music, Gary Myers
Trademark Parody: Lessons From The Copyright Decision In Campbell V. Acuff-Rose Music, Gary Myers
Faculty Publications
Parodies have long provided many of us with amusement, entertainment,and sometimes even information. An effective parody can convey one or more messages with powerful effect. The message may be a political statement, social commentary, commercial speech, a bawdy joke, ridicule of a brand name, criticism of commercialism, or just plain humor for its own sake. Often someone's ox is being gored, or someone feels that a property right has been infringed. The party so injured often contemplates a lawsuit, and an array of legal theories are available to further that impulse. Perhaps copyright infringement is the claim, if some protectable …