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Full-Text Articles in Entertainment, Arts, and Sports Law

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips Jan 2018

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips

Faculty Scholarship at Penn Law

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of ...


Wrigley Field, The Trademark, Benjamin J. Welch Jun 2017

Wrigley Field, The Trademark, Benjamin J. Welch

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper is about the theory of applying the law of trade dress and all the protections that come with it to stadiums, specifically to Wrigley Field, home of Major League Baseball’s Chicago Cubs. Trade dress is the version of trademark reserved for the packaging, design, or color of products. If the packaging, design, or color possesses the ability to identify the source or creator of the product, then it can create a possessory interest in the product’s creator for that style of packaging, design of the product, or color used. This possessory interest is used to protect ...


What's Your Story? Every Famous Mark Has One: Persuasion In Trademark Opposition Briefs, Candace Hays Jan 2017

What's Your Story? Every Famous Mark Has One: Persuasion In Trademark Opposition Briefs, Candace Hays

Marquette Intellectual Property Law Review

A key contention of legal writing scholarship is that the legal resolution is rooted in storytelling. The law consists of an endless telling and retelling of stories. Clients tell stories to their lawyers, who must figure out how to frame their client’s narrative into a legal context. Lawyers retell their clients’ stories to judges using pleadings, motions, and legal briefs. Judges and administrators retell these stories in the form of an opinion or verdict.

Storytelling in the legal context is an important element of persuasion. For the purpose of this comment, legal storytelling is defined as the use of ...


Intellectual Property As Seen By Barbie And Mickey: The Reciprocal Relationship Of Copyright And Trademark Law, Jane C. Ginsburg Jan 2017

Intellectual Property As Seen By Barbie And Mickey: The Reciprocal Relationship Of Copyright And Trademark Law, Jane C. Ginsburg

Faculty Scholarship

Some years ago, caselaw on trademark parodies and similar unauthorized “speech” uses of trademarks could have led one to conclude that the law had no sense of humor. Over time, however, courts in the US and elsewhere began to leaven likelihood of confusion analyses with healthy skepticism regarding consumers’ alleged inability to perceive a joke. These decisions did not always expressly cite the copyright fair use defense, but the considerations underlying the copyright doctrine seemed to inform trademark analysis as well. The spillover effect may indeed have been inevitable, as several of the cases in which the fair use defense ...


Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder Nov 2016

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

David Snyder

No abstract provided.


Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann Apr 2016

Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann

Sonia Katyal

No abstract provided.


San Francisco Art & Athletics, Inc. V. United States Olympic Committee: Usoc May Enforce Its Rights In Olympic Without Proof Of Confusion, Charles F. Hauff Jr. Jul 2015

San Francisco Art & Athletics, Inc. V. United States Olympic Committee: Usoc May Enforce Its Rights In Olympic Without Proof Of Confusion, Charles F. Hauff Jr.

Akron Law Review

In San Francisco Arts & Athletics, Inc. v. United States Olympic Committee, the United States Supreme Court held that the United States Olympic Committee (USOC) could enforce its statutory rights in the mark OLYMPIC without proving likelihood of customer confusion. Because this holding extended the USOC's trademark rights beyond those engendered by the Lanham Act, the Court was compelled to subject those rights to constitutional scrutiny. The Court's holding prevented San Francisco Arts & Athletics, Inc. (SFAA) from using the word OLYMPIC to promote the "Gay Olympic Games."

The SFAA decision will probably affect future analyses of trademark rights and ...


Andy Warhol’S Pantry, Brian L. Frye Apr 2015

Andy Warhol’S Pantry, Brian L. Frye

Law Faculty Scholarly Articles

This Article examines Andy Warhol’s use of food and food products as a metaphor for commerce and consumption. It observes that Warhol’s use of images and marks was often inconsistent with copyright and trademark doctrine, and suggests that the fair use doctrine should in-corporate a “Warhol test.”


Creative Copyright: Tailoring Intellectual Property Policies And Business Strategies For Creative Content Industries In The Digital Age, Bhamati Viswanathan Jan 2015

Creative Copyright: Tailoring Intellectual Property Policies And Business Strategies For Creative Content Industries In The Digital Age, Bhamati Viswanathan

SJD Dissertations

My dissertation explores intellectual property rights in three fields: fashion, music and education. I examine the varying degrees of IP rights in those fields, and ask whether the differing levels of rights are appropriate to keep these industries creative, innovative and robust. I further examine the salient characteristics of those rights and ask whether such an understanding might help to determine optimal levels of IP protection in other creative industries.


Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman Aug 2014

Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman

Charles E. Colman

This Essay examines what I call "post-parodies" in apparel. This emerging genre of do-it-yourself fashion is characterized by the appropriation and modification of third-party trademarks — not for the sake of dismissively mocking or zealously glorifying luxury fashion, but rather to engage in more complex forms of expression. I examine the cultural circumstances and psychological factors giving rise to post-parodic fashion, and conclude that the sensibility causing its proliferation is one grounded in ambivalence. Unfortunately, current doctrine governing trademark parodies cannot begin to make sense of post-parodic goods; among other shortcomings, that doctrine suffers from crude analytical tools and a cramped ...


The Olympics, Ambush Marketing And Sochi Media, Adam Epstein Jun 2014

The Olympics, Ambush Marketing And Sochi Media, Adam Epstein

Adam Epstein

The purpose of this article is to explore the concept of ambush marketing and the legal environment surrounding it. With the advent of the Sochi Olympic Games held in February, 2014, ambush marketing again makes its way to the forefront of national and international attention. Certainly, the discussion of ambush marketing in advertising strategies would be a useful tool at any point in a law course that addresses intellectual property such as trademarks and domain names, and consumer protection issues in general. For decades, non-official sponsors of the Olympic Games have found ways to use the Olympic event platform to ...


Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso Apr 2014

Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso

Jennifer Riso

The demand for counterfeit sporting goods, such as jerseys and other apparel, is on the rise as the prices of authentic goods continue to increase. The Trademark Counterfeiting Act of 1984 criminalizes the import and sale of counterfeit goods, but is ineffective at addressing the demand side of counterfeit goods. This paper analyzes the history behind the Act and recommends ways to ensure that the act will stay relevant as technology makes it easier to purchase counterfeit goods.


Holding Back The (Crimson) Tide Of Trademark Litigation: The Eleventh Circuit Shields Works Of Art From Lanham Act Claims In New Life Art, Nicholas Macri Mar 2013

Holding Back The (Crimson) Tide Of Trademark Litigation: The Eleventh Circuit Shields Works Of Art From Lanham Act Claims In New Life Art, Nicholas Macri

Boston College Law Review

On June 11, 2012, in University of Alabama Board of Trustees v. New Life Art, Inc., the U.S. Court of Appeals for the Eleventh Circuit held that the Lanham Act does not apply to works of art that include others’ trademarks as long as the use of the trademark is artistically relevant to the underlying work and does not explicitly mislead consumers into believing that the trademark holder endorsed or sponsored its use. In so holding, the Eleventh Circuit provided clarity to artists as to what types of trademark uses are permitted in their works. This Comment argues that ...


Why Copyright Law Lacks Taste And Scents, Leon R. Calleja Dec 2012

Why Copyright Law Lacks Taste And Scents, Leon R. Calleja

Leon R Calleja

This paper explores the resistance in U.S. copyright law to extend copyright protection to scents and tastes, and advances the position that copyright law’s originality and expression requirements limit copyrightable subject matter to expressions that engage both author and audience in a way that requires reflection upon the work—or at least, the capacity for reflection—in a necessarily intersubjective and communicative fashion, what I call a “public dimension.” That the sensations of taste and smell are inescapably immediate and private suggest that they lack the kind of public dimension that visual and audio works exhibit. Indeed, this ...


The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese Dec 2012

The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese

Touro Law Review

Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden to police one's trademark. Finally, patent protection is available; however, it is only applicable in very limited circumstances in fashion.The problem with patent protection is that trends change almost monthly, and there is a long, costly process to be afforded a patent.

This Comment ...


Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier Nov 2012

Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier

Pepperdine Law Review

No abstract provided.


Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel Oct 2012

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.


Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley Oct 2012

Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley

Christine Haight Farley

No abstract provided.


Panel Ii: Trademark Dilution Revision Act Implications, William G. Barber, Barton Beebe, Christine Haight Farley, Michael Heltzer Oct 2012

Panel Ii: Trademark Dilution Revision Act Implications, William G. Barber, Barton Beebe, Christine Haight Farley, Michael Heltzer

Christine Haight Farley

No abstract provided.


Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li Oct 2012

Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li

IP Theory

No abstract provided.


Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman Jul 2012

Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman

Touro Law Review

No abstract provided.


Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow Dec 2010

Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin Mar 2010

Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori Mar 2010

The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips Oct 2009

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the ...


Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox Oct 2009

Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase Oct 2008

Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder Jun 2008

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann Jun 2008

Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Four Free Speech Goals For Trademark Law, William Mcgeveran Jun 2008

Four Free Speech Goals For Trademark Law, William Mcgeveran

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.