Until recently, the question of whether §43 of the Lanham Act prevented the unaccredited copying of an un-copyrighted work was an open one. However, in Dastar v. Twentieth Century Fox, the United States Supreme Court speaks directly on this issue, emphasizing the distinction between copyright and trademark protections and cautioning against misuse or overextension of trademark protections into areas traditionally covered by copyright or patent law. This iBrief assesses the importance of such line drawing and explores the implications of this decision
Federal and state trademark laws regulate concurrently: The Lanham Act does not preempt state law, a...
The U.S. Constitution authorizes Congress to secure for limited times the exclusive right of authors...
Movies, television programs, and video games often exploit trademarks within their content. In parti...
Until recently, the question of whether §43 of the Lanham Act prevented the unaccredited copying of ...
In Dastar Corporation v. Twentieth Century Fox Film Corporation, the U.S. Supreme Court will decide...
A series of recent cases implicate the extent to which trademark law can be used to control creative...
This Article examines the application of section 43(a) of the Lanham Act to claims of reverse passin...
Fictional characters have become exceptionally valuable assets, now consistently the subject of lucr...
In Dastar Corp. v. Twentieth Century Fox Film Corp. Justice Scalia colorfully warned against resort ...
Integral to the success of a business is its ability to protect its trademark. When another individu...
The United States Supreme Court\u27s unanimous ruling in Matal v. Tam is a landmark decision regardi...
ASTM’s fundamental complaint is about unauthorized use of its intangible content—the standards for w...
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and ...
Book Chapter Mark McKenna, Trademark Law\u27s Faux Federalism, in Intellectual Property and the Comm...
On June 11, 2012, in University of Alabama Board of Trustees v. New Life Art, Inc., the U.S. Court o...
Federal and state trademark laws regulate concurrently: The Lanham Act does not preempt state law, a...
The U.S. Constitution authorizes Congress to secure for limited times the exclusive right of authors...
Movies, television programs, and video games often exploit trademarks within their content. In parti...
Until recently, the question of whether §43 of the Lanham Act prevented the unaccredited copying of ...
In Dastar Corporation v. Twentieth Century Fox Film Corporation, the U.S. Supreme Court will decide...
A series of recent cases implicate the extent to which trademark law can be used to control creative...
This Article examines the application of section 43(a) of the Lanham Act to claims of reverse passin...
Fictional characters have become exceptionally valuable assets, now consistently the subject of lucr...
In Dastar Corp. v. Twentieth Century Fox Film Corp. Justice Scalia colorfully warned against resort ...
Integral to the success of a business is its ability to protect its trademark. When another individu...
The United States Supreme Court\u27s unanimous ruling in Matal v. Tam is a landmark decision regardi...
ASTM’s fundamental complaint is about unauthorized use of its intangible content—the standards for w...
This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and ...
Book Chapter Mark McKenna, Trademark Law\u27s Faux Federalism, in Intellectual Property and the Comm...
On June 11, 2012, in University of Alabama Board of Trustees v. New Life Art, Inc., the U.S. Court o...
Federal and state trademark laws regulate concurrently: The Lanham Act does not preempt state law, a...
The U.S. Constitution authorizes Congress to secure for limited times the exclusive right of authors...
Movies, television programs, and video games often exploit trademarks within their content. In parti...