Blog Posts: Trademarks

Famous Marks in America: A Dangerous Void

America was one of the largest proponents of the TRIPS agreement, an international agreement regarding intellectual property protection, and is arguably the reason this agreement exists. With 16 of the 34 disputes involving TRIPS at the WTO stemming from complaints filed by the United States, we are heavily invested in enforcing the treaty. ou would think someone so quick to point out others TRIPS treaty violations would make scrupulously sure their own house was in order. At least with respect to famous trademarks, you would be wrong.

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No Comments | Posted by Daniel W. Cole on Thu. November 13, 2014 4:01 PM
Categories: Intellectual property, Trademarks, United States

ICANN: Uncertainty to the Right of the Dot

The announcement by ICANN (Internet Corporation of Assigned Names and Numbers) of the public’s ability to apply for personalized top-level domain names (gTLDs) caused uncertainty for companies in the Internet landscape with regard to trademark protection. The looming unknown might provide the flood of graduating law students a foray into an exciting new world of Intellectual Property issues to the right of the dot. Trevor Schmidt, an associate at Moore & Van Allen PPLC, laid the foundation of Internet domains and hinted at issues that will arise from the roll-out of ICANN’s gTLD application process.

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No Comments | Posted by Elizabeth M. Hodge on Sun. February 26, 2012 12:17 PM
Categories: Cyberlaw, Intellectual property, Trademarks

Your Fame in Spain is Mainly Not Germaine

Professor Leaffer advocates that the United States (U.S.) should amend its federal Trademark (TM) law to grant “well-known” marks from foreign countries an exception to the territoriality principle. To make his point, Leaffer examines two leading TM cases, Grupo Gigante SA De CV v. Dallo & Co., Inc., and ITC Ltd. v. Punchgini, Inc., sitting on opposite sides of this “territoriality” issue. Leaffer proposes statutorily adopting Article 6bis of the Paris Convention. This would allow U.S. TM protection for “well-known” foreign marks not currently “in use” in the U.S.

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No Comments | Posted by Daniel R. Hinson (Dan) on Sun. February 26, 2012 12:13 PM
Categories: Intellectual property, Trademarks

ICANN and Domain Name Dispute Resolution

Professor Kesan returned to the topic of ICANN's domain name dispute resolution process, UDRP. In the process, he addressed a very interesting correlation between various countries' levels of economic development and the dispute resolution systems they adopt. 

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No Comments | Posted by Elliot L. Franklin on Sun. February 26, 2012 12:09 PM
Categories: Cyberlaw, Intellectual property, International Dispute Resolution, Symposium, Trademarks

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