Duke Law & Technology Review iBrief: “Injunction Junction: Remembering The Proper Function and Form Of Equitable Relief In Trademark Law.”
Abstract: Injunctions are supposed to be among the most extraordinary remedies in the American judicial system, yet they have become anything but rare in trademark litigation. Although the unique nature of trademark protection may explain
2006
Use Of Recognizable Products In Movies
By Marty Schwimmer on
Posted in Trademark Fair Use
When Is A Final Judgment An Unenforceable Agreement To Agree
By Marty Schwimmer on
Posted in Contracts
Brinks Hofer: ‘Fifth Circuit Rules That Inconclusive Trademark Settlement Is Crackers‘ (Parties terminate trademark infringement action pursuant to entered agreement – settlement agreement lacked essential terms of a trademark license and held unenforceable agreement to agree).
Preregistration of Copyrights
By Marty Schwimmer on
Posted in Copyright
Loufrani v Wal-Mart Over Smiley Face
By Marty Schwimmer on
Posted in Miscellany
Forbes: Wal-Mart in Trademark Clash Over Smiley Face. If you use a smiley face, then at some point, sooner or later, you hear from Mr. Loufrani.
More On SURF CITY
By Marty Schwimmer on
Posted in Likelihood of Confusion
Observations re Politics of ICANN Rejecting .XXX
By Marty Schwimmer on
Posted in Domain Names
Effectively Ending My Career With The Coasters
By Marty Schwimmer on
Posted in Right of Publicity/Privacy
Via Nerdlaw, the Truth in Music Advertising Act, a law in several states barring performance using a name of a band if the performer was not a member of the original ‘recording group.’
No Creation Of U.S. Law By Paris Convention
By Marty Schwimmer on
Posted in Paris Convention
43(B)log discusses application of Paris Convention in a trade secrets case (the Paris Convention does not create a general tort of unfair competition beyond anything else found in the Lanham Act).
‘If You Can’t Tell The Difference, Why Pay For It?”
By Marty Schwimmer on
Posted in Counterfeits