Intellectual Property Law Commons^™

Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Federal Trademark Dilution Act Of 1995: Substantial Likelihood Of Confusion, Eric A. Prager

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Lanham Act: A Living Thing, Joseph D. Garon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trademark Office As A Government Corporation , Jeffrey M. Samuels, Linda B. Samuels

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson

Michigan Journal of International Law

This Note will argue that the "well-known mark" standard of the Paris Convention, which is also adopted by the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods (TRIPS), the North American Free Trade Agreement (NAFTA), and the European Community (EC), is an artifact of an era when markets were circumscribed by national borders and granting a monopoly on a trademark in one country on the basis of its use in another was unreasonable because the likelihood of confusion was minimal. Today, however, the trademark originator's intent to expand beyond its original market should be presumed. …

Trademark Law: Qualitex Co. V. Jacobson Products Co.--The Supreme Court Upholds Trademark Protection For A Color, Paige Stratton Bass

Oklahoma Law Review

No abstract provided.

U. S. Federalism And Intellectual Property, Jane C. Ginsburg

Faculty Scholarship

The federal structure of the U.S. government presents interesting questions for intellectual property. Which government, national or state, exercises regulatory authority? Or do both governments play a significant role? Questions of this order cannot be addressed unless one first analyzes what the term "intellectual property" comprehends. Intellectual property includes well-recognized regimes of exclusive rights in inventions (patents), literary, artistic and musical creations (copyrights), and trademarks. But it also covers more elusive, and evolving, interests, such as exploitation of one's personal name and image (right of publicity), trade secrets, and a generalized concern with prevention of acts amounting to unlicensed appropriation …

Intellectual Property Rights And Native American Tribes, Richard A. Guest

American Indian Law Review

No abstract provided.

The Challenge Ahead: Increasing Predictability In Federal Circuit Jurisprudence For The New Century, Paul R. Michel

American University Law Review

No abstract provided.

Character Merchandising In The U.K., A Nostalgic Look, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan

Michigan Journal of International Law

This article will review the legal environment and major issues concerning software protection in the Republic of Korea, and will describe the existing applicable laws and regulations and the trend towards software protection in the region. In addition, the implications of Korea's pending accession to the Universal Copyright Convention will be analyzed. Finally, this article will conclude with a discussion of the current reforms and their implications for Korean international trade law.

The Technology Transfer Process: A Vehicle For Continuity And Change, Robert Goldscheider

Vanderbilt Journal of Transnational Law

The technology transfer or licensing process is a discipline which, if properly appreciated, can be utilized in a wide variety of circumstances. There is a strong parallel with another discipline, music--more particularly, with the playing of a large and complicated church organ.

A man named Johann Sebastian Bach could sit in a drafty church in Leipzig over 200 years ago and create a phenomenon that had an original, and to the ears of most listeners, very wonderful sound. By utilizing the universally recognized notations of music, the staff, clefs, notes of varying duration, sharps, flats, keys, and indications of loudness …

Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin

University of Michigan Journal of Law Reform

This article neither deals with the propriety of the Federal Trade Commission's (FTC) proposed order nor evaluates the effectiveness of compulsory trademark licensing as a remedy for unfair trade practices.8 Rather, the pending cereal industry case is used as a point of departure for an examination of the problem of trademark abuse and the responses of the courts, the Congress, and the FTC to it. Acknowledging the legality of compulsory licensing of trademarks, the article suggests legislation which will incorporate licensing and standards for its application. Such legislation would make licensing an accessible remedy for trademark abuse while accommodating both …

Recent Cases, Journal Staff

Vanderbilt Journal of Transnational Law

Plaintiff, a West German foundation, sued to enjoin infringement of United States trademarks by defendant, an East German "peoples-owned enterprise." The original Carl Zeiss Stiftung was created at Jena in 1889 with the required approval of the Duchy of Saxe-Weimar-Eisenach for the purpose of owning and operating an optical business for profit. In 1945, before Jena became part of the Soviet Zone, United States military authorities evacuated all members of the Zeiss Board of Management, as well as key personnel, to Heidenheim, Wuerttemberg, in the United States zone. In 1948, the Soviet Union expropriated all Zeiss assets in Jena, including …

Account Of Some Psychological Experiments On The Subject Of Trade-Mark Infringement, Edward S. Rogers

Michigan Law Review

iew in June, 1910, entitled, "The Unwary Purchaser, A Study in the Psychology of Trademark Infringement".