Common Law Notice-and-Takedown
Michael P. Goodyear* Download a PDF version of this article here. Platform liability is a complex landscape under U.S. law. Section 230 of the Communications Decency Act has generated significant…
International Implementation of the Doctrine of Foreign Equivalents: How to Save Foreign Generic Terms From Appropriation
Albert Simonyan * Download a PDF version of this article here. Trademark protection became a subject of international regulations decades ago. However, in the modern era of globalization and international…
Rethinking the 2006 Agreement on Wine Trade: Protection of Producers and Consumers Through Greater Recognition of Geographical Indications in the U.S.
Alexandre Arnaud * Download a PDF version of this article here. The wine industry is at the heart of the European agricultural sector and finds its main commercial outlet in…
The Author Series: Ep. 3 – Trademarks, Trade Dress, and the Patient Costs of Pharmaceutical Branding
Professor Sam Halabi from Georgetown Law joins us to discuss his new piece featured in the latest issue of JIPEL. This thought-provoking discussion highlights a little-discussed area of intellectual property…
Trademarks, Trade Dress, and the Patient Costs of Pharmaceutical Branding
Sam F. Halabi* Download a PDF version of this article here. Watch our third episode of The Author Series featuring Professor Halabi here. While the high cost of prescription drugs…
JIPEL Vol. 11 – No. 2
Our Fall 2021 Issue—Volume 11, Issue 2—contains three articles that challenge current perceptions and practices in our intellectual property system. The articles not only offer rich analyses but also propose…
Towards a Trademark Rule of Reason
Some perceive trademark protection as a reward for a mark owner's labor in cultivating his business goodwill. However, among legal scholars and academics, the prevailing theoretical explanation for trademark protection…
Of Mouse and Men: Will Mickey Mouse Live Forever?
Mickey Mouse, the iconic mascot of the Walt Disney Company, is one of the most recognizable and beloved characters in the world.
EEEEEEEYOOOOOO!: Reflections On Protecting Pitbull’s Famous Grito
Immediate recognition is the epitome of success for musical artists. Few artists attain the level of success at which fans easily identify their sound from a mere snippet of a…
Immoral or Scandalous Marks: An Empirical Analysis
The Lanham Act sets forth which trademarks may be registered at the Patent and Trademark Office. It contains a number of limitations on registrability. Section 2(a) prohibits among other things…