Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Taxation-Transnational
Let The Trademark "Bully" Be!, Man K. Huynh
Let The Trademark "Bully" Be!, Man K. Huynh
Man K. Huynh
Trademark owners who use their trademark rights to harass and intimidate other businesses beyond what the law might be reasonably interpreted to allow are considered trademark “bullies.” The hallmark of a bully is the use of supposed intimidation tactics, but a trademark owner’s rights can be lost or restricted through a failure to control how third parties use the mark, or even similar marks. This article will attempt to explore the inherent conflict that exists in this juncture of trademark law.
“Complete Domestic Act Of Infringement” Supports The Application Of The “First Sale” Doctrine To Goods Manufactured Abroad., Man K. Huynh
“Complete Domestic Act Of Infringement” Supports The Application Of The “First Sale” Doctrine To Goods Manufactured Abroad., Man K. Huynh
Man K. Huynh
On December 13, 2010 the Supreme Court of the United States affirmed a lower court’s decision against Costco Wholesale Corp. and in favor of Omega, S.A. The divided Supreme Court agreed with the lower court that the “first-sale doctrine” does not apply to imported works manufactured abroad, and can be used as a defense. The basis of this case is rooted in 17 U.S.C. §109 which states that the “. . . owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, …