Intellectual Property Law Commons^™

Dancer, Teacher, Colleague, Monroe E. Price

Cardozo Law Review

No abstract provided.

Trademarks - Third Circuit Strengthens Trademark Protection Under The Trademark And Counterfeiting Act Of 1984, David Overstreet

Villanova Law Review (1956 - )

No abstract provided.

Trademarks, Parody, And Consumer Confusion: A Workable Lanham Act Infringment Standard, Peter W. Smith

Cardozo Law Review

No abstract provided.

The Territorial Scope Of Trademark Rights, William Jay Gross

University of Miami Law Review

No abstract provided.

Pharmaceuticals And Intellectual Property: Meeting Needs Throughout The World, Thomas G. Field Jr.

Law Faculty Scholarship

To the extent that most people think about patents and other forms of intellectual property at all, they tend to be aware that the owners of such property may have the legal capacity to limit market entry--without fully appreciating the extent to which products or processes that can be easily copied might otherwise be unavailable. Focusing on their function in recouping risk capital, this article will survey the types and functions of intellectual property. Then it will attend to the situation in developing countries, particularly the role of intellectual property in meeting their needs for medical products.

Defining The Role Of Defendant's Intentions Under Section 43(A) Of The Lanham Act: Centaur Communications V. Aisim Communications

Washington and Lee Law Review

No abstract provided.

Protecting The Look And Feel Of Computer Programs, Jeffrey Weitzman

Cardozo Law Review

No abstract provided.

Consumer Meets Computer: An Argument For Liberal Trademark Protection Of Computer Hardware Configurations Under Section 43(A) Of The Lanham Trademark Act

Washington and Lee Law Review

No abstract provided.

Consumer Motivation In Trademark And Unfair Competition Law: On The Importance Of Source, A. Samuel Oddi

Villanova Law Review (1956 - )

No abstract provided.

Brief Survey Of And Proposal For Better Reconciliation Of The Options In Patent, Trademark, Copyright And Related Law, Thomas G. Field Jr

Law Faculty Scholarship

Taking up trademarks, patents, copyrights, and trade secrets (in that order), [this article] will attempt to summarize briefly the ways in which such rights arise, are perfected, and are enforced. It will also discuss a hypothetical in which all of these options will be discussed in a comparative way. Finally, it will suggest that basic improvements in the area could be realized by dispensing with the often confusing and arbitrary subject matter distinctions which characterize the various subparts of the present intellectual property system.

Note On Trademarks - 1985, Wendy J. Gordon

Scholarship Chronologically

There's currently a debate about whether tmks owners shd be entitled to control strangers' usage of their tmks where the offending usage causes no confusion as to source. Usually the debate is conducted on usual lines on the eco side, whether the increase in incentives (for both production and devt) justifies the decrease in quantity & competitive sources. On the authors' rights side, whether the originators shd have any particular rights in tmks cuz of origination.

Lanham Act Protection From The Copying Of Trade Dress By Generic Drug Manufacturers

Washington and Lee Law Review

No abstract provided.

Generic Trademarks, The Ftc And The Lanham Act: Covering The Market With Formica, David E. Shipley

Scholarly Works

This article focuses on the FTC's authority under section 14 of the Lanham Act to petition for the cancellation of a trademark on the ground that the mark has become "the common descriptive name of an article or substance" and, thus, generic. The FTC's recent decision to challenge Formica Corporation's FORMICA trademark manifests a shift in agency policy which is highly inappropriate and which could have damaging effects on consumers and industry. Competition and the public interest would be better served if the FTC did not exercise this discretionary power, leaving the issue of whether a trademark should be cancelled …

The Public Interest And The Right To Copy Nonfunctional Product Features

William & Mary Law Review

No abstract provided.

The Protection Of Industrial Property Rights In The European Economic Community, Ronald L. Smallwood

Vanderbilt Journal of Transnational Law

This study of European Economic Community (EEC) industrial property rights discusses trademarks, patents, and copyrights. The legal foundation for the protection of these industrial property rights in the EEC is derived from article 36 of the EEC Treaty, which expressly allows an exception to the prohibition of restrictions against the free movement of goods within the EEC when justified by the protection of industrial property, and article 222, which encompasses the protection of industrial property in the Member States. Although decisions of the Court of Justice on industrial property rights are infrequent, their ramifications are significant throughout the Community since …

Intellectual And Industrial Property In A Nutshell, Thomas G. Field Jr.

Law Faculty Scholarship

First, intellectual and industrial property is property--extremely valuable property at that. However, this is not a subject that gets more than passing attention in many curricula, and none in most. Consequently, few lawyers, aside from the specialists, know much about it. Moreover, unlike most areas of legal specialization, such as tax, labor, and anti-trust law, the basic principles of which are known to most general practitioners, if a generalist knows anything about literary or industrial property, it is apt to be wrong. Furthermore, because clients tend to approach generalists first, substantial and incurable injury may result from a generalist's mistaken …

Licensing In The Eastern Bloc, Lajos Schmidt

Vanderbilt Journal of Transnational Law

This article will discuss the legal problems faced by American enterprises desiring to license industrial property rights--principally patents, trademarks and know-how--in Eastern Europe. Licensing in seven countries--the Soviet Union, Poland, Czechoslovakia, Hungary, Romania, the German Democratic Republic (East Germany) and Bulgaria--will be examined. Of course, these countries form separate and independent legal and political jurisdictions; and even their cultural backgrounds differ. Any generalization about them must be taken in that context. Nonetheless, each of these countries is governed by similar political and economic principles--in particular, the principle of centralized economic planning. These common factors are reflected in common problems faced …

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part Ii, Thomas G. Field Jr.

Law Faculty Scholarship

Where does the trademark user stand today? What should he do? Perhaps he should review all his labeling in the very near future to try to catch any heretofore missed improprieties therein. If he should miss one or two, however, will his valuable trademarks be regarded as ab initio invalid? Will they be cancelled, pirated away, refused enforcement or what?

in an attempt to answer those questions, it seems worthwhile to synthesize the law that has been heretofore covered, and, perhaps, try to condense it into a few meaningful principles by which the trademark user may be guided.

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part I, Thomas G. Field Jr.

Law Faculty Scholarship

As indicated by the title, this is an inquiry into the trademark ramifications of labeling. Certain kinds of conduct may well result in cancellation of federal rights in trademark registration. This is equally true with respect to trademark application for registration. It is therefore useful to consider at the outset the impact that improper labeling may have on a party's right to register. Most unfortunately, if [a] label defect is not detected in the registration process, or if there is substantial delay between commencement of use of the mark and attempted registration, a party may find his rights seriously compromised. …

Trademarks: Prestige, Practice And Protection, Julius R. Lunsford, Jr.

Georgia Law Review

AMERICANS are trademark conscious people. Trademarks in- fluence our daily lives and symbolize our American system of free and competitive enterprise. We encounter them not only in the market place, but also in our work, in our play, in our reading, at the banks, at the theatre, on the highways, in every mode of transportation and in church. For example, after a refreshing sleep on his "Beautyrest" mattress, the average American male is awakened by the alarm of a "Westclox" clock. He arises and walks on the "Callaway" or "Barwick" carpet to the bathroom. He brushes his teeth with "Ipana" …

Rules Defining The Use Of Trade Terms In Patent Applications, F. Prince Butler

William & Mary Law Review

No abstract provided.

Territorial Trademark Rights And The Antitrust Laws, Richard F. Dole

Michigan Legal Studies Series

Trademarks are devises used by business men to distinguish their goods from those of others. The utility of trademarks to purchasers lies in the identification of different lines of merchandise by different trademarks. On the other hand, perhaps the greatest advantage of trademarks to business derives from the connotations associated with marks by skillful advertising. Legal protection of trademark rights thus has a dual aspect: preventing others from copying marks both guards the identification function of trademarks and maintains exclusive rights in the commercial value of trademarks created by advertising. A Senate committee described the hybrid nature of trademark protection …

The Doctrine Of Secondary Meaning, G. H. A.

West Virginia Law Review

No abstract provided.

Concrete Forms Of Intellectual Property, Robert J. Fay

Cleveland State Law Review

The field of intellectual property as treated in this paper encompasses mental products of industrial importance: inventions or discoveries, literary or artistic works, trade secrets,and distinguishing trademarks or trade names used in commerce. Each of these is characterized by mental activity followed by embodiment in some concrete form. Protection in a measure for the originator is found both in the statutes and in common law.

New Concepts In Trade-Mark Legislation, Orland M. Christensen

Washington Law Review

The widely favored Lanham Act makes important changes in the former picture, chief of which perhaps is the unprecedented effect now given trade-mark registration. The new act does not alter the common law concept that trade-mark rights must arise first out of actual use of the mark in trade. However, the owner of a valid interstate mark can now strengthen and even expand his rights substantively by registration, and, conversely, his failure to register promptly can result in serious losses.

Goods Of The Same Descriptive Properties, John M. Kinnaird

Kentucky Law Journal

No abstract provided.

Trade-Marks-Territorial Extent Of Trade-Mark Rights

Indiana Law Journal

No abstract provided.

A German Work On Trade Marks And Unfair Competition In The United States, Hanna Katz

Michigan Law Review

The acquaintance of German lawyers with American trade-mark law and protection against unfair trading was based until now on the individual studies of persons especially interested in this subject. German textbooks and commentaries on industrial property rights treat international and foreign rules too, but they scarcely give a sufficient notion of how to create a valid trade-mark and protect the trader in his full enjoyment thereof in the U. S. A. Yet the necessity of having such knowledge is a rather broad one in Germany as in all other European countries selling trade-marked articles to their customers on the other …

International Standing In Court Of Foreign Corporations, Elvin R. Latty

Michigan Law Review

The Supreme Court of Mexico has recently pronounced a decision of more than passing interest to the American Bar, not only because of the legal basis upon which the decision was rendered, but also because of its probable far-reaching consequences. The plaintiff corporation, organized under the laws of Delaware, brought suit for infringement of its trade mark which had been duly registered in Mexico. The Supreme Court held that inasmuch as the plaintiff was not registered in Mexico it had no existence there for the purposes of bring suit. It does not appear that the plaintiff was engaged in business …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.