Intellectual Property Law Commons^™

Trademarks And Geographical Indications: Exploring The Contours Of The Trips Agreement, Paul J. Heald

Vanderbilt Journal of Transnational Law

Professor Heald focuses upon the trademark provisions of TRIPS, which have received less attention than the patent and copyright provisions. He closely examines TRIPS' substantive trademark provisions, including the definition of trademark, eligibility for registration, rights of registrants, and assignments / licensing. Professor Heald then considers geographical indications of products' origins, particularly the unique issues raised by the wine and spirits industry. He also discusses enforcement issues, absence of use requirements, dispute resolution, and the U.S. domestic implementing legislation before closing with a general assessment of the pluses and minuses TRIPS offers in the area of trademark protection.

The Dilution Doctrine:  Towards A Reconciliation With The Lanham Act, Elliot B. Staffin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Reverse Confusion:  Modifying The Polaroid Factors To Achieve Consistent Results, Molly S. Cusson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

It Had To Be Hue:  The Meaning Of Color “Pure And Simple”, Karin S. Schwartz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Using Section 337 Of The Tariff Act Of 1930 To Block Materially Different Gray Market Goods In The Common Control Context: Are Reports Of Its Death Greatly Exaggerated?, Margo A. Bagley

Faculty Articles

This Comment examines the primary reasons for trademark owners within the common control exception to revisit section 337 when faced with materially different gray market goods. Part One discusses the issues in and history of the gray market goods controversy, and the common control exception. Part Two focuses on section 337: how it works, its use in gray market goods cases, and how it has changed as a result of amendments in the Omnibus Trade and Competitiveness Act of 1988 and in the Uruguay Round Agreements Act of 1994. Part Three traces the changes in the gray market landscape favorable …

Trademark Developments In The Former U.S.S.R. And Eastern Europe, Janet L. Hoffman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Patent And Trademark Developments In The European Community, Oreste Montalto

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Commentaries, Robert J. Eck, Thomas J. Hoffmann

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Madrid Protocol, Carlisle E. Walters

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

What's New In Intellectual Property - Business Is Booming In Copyright, Trademark And Patent Law, Richard C. Reuben

Faculty Publications

Forget the trendy law practice areas of the 1980s, such as mergers and acquisitions, real estate and antitrust. Intellectual property is where the action will be in the 1990s.

Reexamining Trademark Dilution, David S. Welkowitz

Vanderbilt Law Review

It is unlikely that you ever will see a Kodak chair or a Rolls Royce candy bar. No doubt Eastman Kodak and Rolls Royce would have an army of lawyers in court to have the interlopers sentenced to ignominy (unless, of course, these companies suddenly went into the furniture or candy business). But suppose you did see these products. What would you think? Would you think that Kodak was diversifying? Would you believe that Rolls Royce had gone the way of Calvin Klein, apparently licensing its name for a fast profit? And if not, would these interlopers affect the way …

State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry

Cleveland State Law Review

In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories, and references are given for further research:

Constitutionality of the Immigration Marriage Fraud Amendments Upheld over Challenge by Deportable Alien and United States Spouse

Anetekhai v. Immigration and Naturalization Service

876 F.2d 1218 (5th Cir. 1989)

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Standing Granted to Challenge Hostile Takeover between Foreign Firms under United States Antitrust and Securities Laws

Consolidated Gold Fields PLC v. Minorco, …

K Mart Corporation V. Cartier, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen

Faculty Scholarship

If a street vendor offers a famous brand-name product for a substantially lower price than one would expect, the average consumer's initial reaction might be that the product had been stolen or was "hot" - a product of the black market. While such discounted goods might indeed be stolen, sophisticated consumers have come to expect similar discounts in stores and mail-order houses throughout the country on goods not from the black market but rather from the "gray market." These products, naturally enough, are called "gray market goods" or simply "gray goods." Gray goods are brand-name products manufactured abroad which bear …

Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen

Faculty Scholarship

Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …

The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney

Fordham Urban Law Journal

This student note explores the recently passed Trademark Counterfeit Act of 1984, viewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks. The author examines the history of US trademark regulation, beginning with the Lanham Act of 1946, and then predicts the effects the 1984 Act will have on commercial practice, antitrust law, the sale of goods on the "gray market," and due process implications. The author concludes that though ex parte remedies will be necessary to maintain trademark practices, the 1984 Act does not represent any sort of infringement on due process or commercial practice, …

Notes On Value And Property - 1985, Wendy J. Gordon

Scholarship Chronologically

My contention is that “value” should not be the basis for legal protection unless (a) there’s social as well as private value invoked and (b) the legal protection is necessary for the generation of, or protection of, the social value.

Death Of A Salesman's Doctrine : A Critical Look At Trademark Use, Michael Henry Davis

Law Faculty Articles and Essays

A trademark is a salesman. It does the work of its owner by wearing a smile, by presenting a good image, and in Willy Loman's words, by being well liked. It is, of course, the usual view that the death of the salesman, Willy Loman, was a suicide. Due to the assault upon the requirement of prior trademark use and the growth of a token use doctrine, what happened to Willy Loman has happened to the trademark use doctrine. In the end, it seemed too expensive and it was killed off—partially by its own hand, due to its own internal …

Park 'N Fly, Inc. V. Dollar Park And Fly, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Recent Decisions, James A. Walker, Charles A. Daughtrey, A. Dale Wilson

Vanderbilt Journal of Transnational Law

ADMINISTRATIVE LAW--PRESIDENT'S ATTEMPT UNDER EXECUTIVE ORDER TO REMOVE PRESIDENTIALLY APPROVED CAB ORDER FROM SCOPE OF THE WATERMAN DOCTRINE

James A. Walker

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EUROPEAN COMMUNITIES--TRADEMARK RIGHTS--COURT OF JUSTICE PREVENTS THIRD PARTY FROM AFFIXING TRADEMARK TO GOODS SOLD UNDER ANOTHER MARK

Charles Anthony Daughtrey

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THE TREATY POWER--THE PROPERTY CLAUSE PERMITS THE TRANSFER OF UNITED STATES PROPERTY THROUGH SELF-EXECUTING TREATY

A. Dale Wilson

Recent Decisions, Robert S. Patterson, George M. Taylor, Iii

Vanderbilt Journal of Transnational Law

The instant decision is an evolutionary step in the development of extraterritorial antitrust but it falls short of establishing a workable standard. What the decision does point out is that the courts lack the experience and expertise necessary to deal effectively with the application of antitrust laws abroad. This inexperience will further erode the consistent application of United States antitrust laws abroad as the courts begin to hear cases involving less obvious offenses and less significant effects on United States commerce." If, as Sabbatino suggests,' the primary competency of the Executive in foreign affairs is to be the major factor …

Entertainment Title Duplication Cases: A Process Of Evolution

Indiana Law Journal

No abstract provided.

Enforcement Of Intellectual Property Rights, Albert R. Teare

Cleveland State Law Review

Wrongful use or appropriation of the property of another is a tort. The owner of a patent has a remedy by civil action for infringement of his patent, and the District Courts of the United States have original jurisdiction of any civil action arising under any act of Congress relating to patents, trademarks and copyrights.

Restrictions On Use Of Intellectual Property Rights, Harold S. Meyer

Cleveland State Law Review

Intellectual property rights are generally considered to include patents, copyrights, and ownership of unpublished technical data or "know-how," and sometimes trademarks. In spite of the basic differences in character between trademarkmrights and the others, all these rights are often dealt with as a group, particularly in Europe, where they are known collectively as industrial property rights.

Trademarks - Extraterritorial Application Of The Lanham Act, William R. Luney S.Ed.

Michigan Law Review

Plaintiff, an American corporation, had manufactured and sold women's undergarments in the United States and Canada since 1917, under a U.S. registered trademark, "Vanity Fair." Defendant, a Canadian corporation, had registered the same trademark in Canada in 1915, and for this reason plaintiff's application for a Canadian trademark was denied in 1919. From 1945 to 1953, defendant purchased plaintiff's trademarked goods for resale in Canada. In 1953, defendant began selling goods of Canadian manufacture with its own Vanity Fair trademark, and threatened its competitors in Canada with infringement suits if they continued to sell plaintiff's trademarked goods. In an action …

Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers

Michigan Law Review

Every lawyer of much experience knows the client who tip-toes into his office, closes the door carefully, and with a great show of secrecy announces that he has discovered or invented the best name for a soda cracker, a patent medicine, a soft drink, or what not, that human ingenuity ever conceived. He wants it protected before any one can steal it from him. He wants it "Copyrighted." This is the expression most commonly used. He seems to be under the impression that some incantation can be performed by means of which he will be able to secure to himself …