Trademark Law
Of Autonomy, Sacred Rights, and Personal Marks
Introduction At the height of the Indian freedom movement, Mahatma Gandhi was contacted by a manufacturer of clay tiles with a rather unusual request: permission to use his image as…
Intellectual Property
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Trademark Law
Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption
Both trademark and unfair competition laws and state right of publicity laws protect against unauthorized uses of a person’s identity. Increasingly, however, these rights are working at odds with one…
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Trademark
Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement
Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to trademark owners. Meanwhile, the law of…
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Copyright Act of 1976
Google LLC v. Oracle America, Inc.
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Intellectual Property
Castillo v. G&M Realty L.P.
Second Circuit Finds Temporary Art Protected Under the Visual Artists Rights Act.
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Trademark
Fanciful Failures: Keeping Nonsense Marks off the Trademark Register
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Copyright
Skidmore v. Led Zeppelin
Ninth Circuit Confines the Scope of Copyright in Compositions Under the 1909 Act to the Deposit Copy.
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Copyright
Legal Internalism In Modern Histories of Copyright
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Copyright
Music as a Matter of Law
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Harvard Law Review Forum
Does Running Out of (Some) Trademarks Matter?
Responding to Barton Beebe & Jeanne C. Fromer, Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion