Add to ORKGThe Ninth Circuit temporarily stunned marketers in 2011 when it ruled that Betty Boop did not serve as a trademark on merchandise due to aesthetic functionality and because protection would conflict with the copyright system. The opinion endangered merchandising rights in all trademarks and jeopardized the duration of trademark rights in images and media characters. The court soon withdrew the decision and substituted it with one that denied protection on technical grounds, leaving the controversies for another day. This article demonstrates that the court’s apprehension about copyrights made sense, and proposes a new approach to distinguish when copyrighted images might also serve as trademarks
Integral to the success of a business is its ability to protect its trademark. When another individu...
This article neither deals with the propriety of the Federal Trade Commission\u27s (FTC) proposed or...
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and ...
This article offers a brief overview of the history and developments of the doctrine of aesthetic fu...
Some years ago, caselaw on trademark parodies and similar unauthorized “speech” uses of trademarks c...
In Dastar Corp. v. Twentieth Century Fox Film Corp. Justice Scalia colorfully warned against resort ...
Should extant or expired copyright or patent designs (such as those featuring Mickey Mouse, Wonder W...
At its core, trademark law exists as a tool for consumer protection. Thus, trademark owners use poli...
On June 11, 2012, in University of Alabama Board of Trustees v. New Life Art, Inc., the U.S. Court o...
On June 19, 2017, the Supreme Court sent shockwaves through the bedrock of trademark law with its de...
In this article the author responds to James Gibson’s article Risk Aversion and Rights Accretion in ...
In this Article, I tackle a controversial topic-the overlapping trademark and copyright protection t...
Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from...
Despite the presence of a vigorous debate over the proper scope of trademark protection, scholars ha...
Trademarks are valuable economic rights. Businesses around the world use trademark status to guard t...
Integral to the success of a business is its ability to protect its trademark. When another individu...
This article neither deals with the propriety of the Federal Trade Commission\u27s (FTC) proposed or...
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and ...
This article offers a brief overview of the history and developments of the doctrine of aesthetic fu...
Some years ago, caselaw on trademark parodies and similar unauthorized “speech” uses of trademarks c...
In Dastar Corp. v. Twentieth Century Fox Film Corp. Justice Scalia colorfully warned against resort ...
Should extant or expired copyright or patent designs (such as those featuring Mickey Mouse, Wonder W...
At its core, trademark law exists as a tool for consumer protection. Thus, trademark owners use poli...
On June 11, 2012, in University of Alabama Board of Trustees v. New Life Art, Inc., the U.S. Court o...
On June 19, 2017, the Supreme Court sent shockwaves through the bedrock of trademark law with its de...
In this article the author responds to James Gibson’s article Risk Aversion and Rights Accretion in ...
In this Article, I tackle a controversial topic-the overlapping trademark and copyright protection t...
Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from...
Despite the presence of a vigorous debate over the proper scope of trademark protection, scholars ha...
Trademarks are valuable economic rights. Businesses around the world use trademark status to guard t...
Integral to the success of a business is its ability to protect its trademark. When another individu...
This article neither deals with the propriety of the Federal Trade Commission\u27s (FTC) proposed or...
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and ...