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Articles 1 - 7 of 7
Full-Text Articles in Marketing Law
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza
Pepperdine Law Review
Luxury brands derive their goodwill from the high-class exclusivity and first-rate quality signified in their trademarks. The Trademark Act of 1946, commonly known as the Lanham Act, grants trademark holders the right to control use of their mark. However, under common law, the first sale doctrine restricts trademark protection after holders authorize the initial sale of their trademarked product. Such limitation particularly jeopardizes the luxury industry as trademark holders ultimately bear the loss of goodwill when counterfeit luxury goods enter the market due to the negligence of resellers. This Comment illustrates how blockchain authentication offers all luxury industry participants—the brands, …
State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett
State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett
Journal of Intellectual Property Law
No abstract provided.
An Alternate Functionality Reality, Harold R. Weinberg
An Alternate Functionality Reality, Harold R. Weinberg
Journal of Intellectual Property Law
The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its judicial …
Counterfeits, Copying And Class, Ann Bartow
Counterfeits, Copying And Class, Ann Bartow
Law Faculty Scholarship
Consumers who want to express themselves by wearing contemporary clothing styles should not have to choose between expensive brands and counterfeit products. There should be a clear distinction in trademark law between illegal, counterfeit goods and perfectly legal (at least with respect to trademark law) "knockoffs," in which aesthetically functional design attributes have been copied but trademarks have not. Toward that end, as a normative matter, the aesthetic features of products should not be registrable or protectable as trademarks or trade dress, regardless of whether they have secondary meaning, just as functional attributes of a utilitarian nature are not eligible …
Likelihood Of Confusion
San Diego Law Review
The primary objective of this Article is to illustrate the tendency of judges to inappropriately rely on personal intuition and subjective, internalized stereotypes when ruling on trademark disputes. Where jurists perceive consumers as ludicrously easily confused, trademark holders can exploit these views to secure broad trademark “rights,” often without offering a shred of evidentiary corroboration concerning such confusion. As a consequence, the proof required to support allegations that a trademark usage creates a likelihood of confusion is potentially lessened in all cases, making trademarks normatively stronger, broader, and ever easier to “protect” for mark holders. Whether consumers realistically benefit from …
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik
Faculty Publications
With almost one billion web pages on the Internet today, a search engine is a necessity at times. But search engines are also for-profit ventures and the financial success of these sites hinges on advertising revenue. One of the ways in which these sites generate income is by selling “keywords” to advertisers. Although there has been only one judicial decision – Playboy Enterprises, Inc. v. Netscape Communications – involving banner ads keyed to trademarks, it will undoubtedly not be the last. This article argues that despite the invisible nature of this unauthorized trademark use, the common practice of keying a …
Unfair Competition - False Advertising - Scope Of Federal Jurisdiction Under Section 43(A) Of Lanham Act, John D. Kelly S.Ed.
Unfair Competition - False Advertising - Scope Of Federal Jurisdiction Under Section 43(A) Of Lanham Act, John D. Kelly S.Ed.
Michigan Law Review
Plaintiff brought suit in a state court seeking injunctive relief, alleging unfair competition by defendant in manufacturing and selling slavish copies of plaintiff's swimsuits. One of the six causes of action alleged in the complaint was based on a violation of section 43 (a) of the Lanham Act. Defendant had the suit removed to federal district court. On motion to remand, held, denied. The alleged violation of section 43 (a) created a federal right of action within the original jurisdiction of the federal courts. Catalina, Inc. v. Gem Swimwear, Inc., (S.D. N.Y. 1958) 162 F. Supp. 911.