Trademark

Trademark Law in the Virtual Realism Landscape

Trademark Law in the Virtual Realism Landscape

Download a PDF version of this article here.

James Yang*

The recent rise of virtual reality, augmented reality, and other related technologies has created vast amounts of virtual space. Within this space, novel forms of trademark infringement and expressive use may arise. This note categorizes the above-mentioned technologies under the umbrella term of “ virtual realism” and examines trademark infringement in relation to such virtual realism technologies. In particular, the usage of physical-goods marks in virtual realism platforms is examined in relation to the usage of such marks in more traditional virtual platforms. This note argues that virtual realism platforms are less defendant-friendly in the trademark context than are traditional virtual platforms.

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The Hybrid Trademark and Free Speech Right Forged From Matal v. Tam

The Hybrid Trademark and Free Speech Right Forged From Matal v. Tam
By Timothy T. Hsieh* Download a PDF version of this article here More →

Tomato, Tamatie? Revising the Doctrine of Foreign Equivalents in American Trademark Law

Tomato, Tamatie? Revising the Doctrine of Foreign Equivalents in American Trademark Law
Download a pdf version of this article here. The growing specter of globalization impacts industries from communication to transportation, resulting in an unparalleled proliferation of cultural diffusion unmatched throughout history. Naturally, this cultural diffusion has familiarized American consumers with foreign brands and foreign languages despite the obvious English dominance domestically, resulting in a trademark quagmire. Under the current American doctrine of foreign equivalents, trademark examiners and courts translate non-English words into English to determine whether they meet the general United States Patent & Trademark Office (USPTO) registration requirements. However, by treating English and non-English words alike, the pool of source-identifying marks is unnecessarily restricted. This note argues that a clear rule-like form that relaxes restrictions of registering descriptive foreign language marks through offering ‘descriptive’ foreign-language a presumption of eligibility for protection would mitigate inconsistent application of the doctrine. Such a rule would also limit costs on consumers and producers that are caused by restricting the range of available marks and inhibiting creative and communicative branding.

Lost and Found: Intellectual Property of the Fragrance Industry; From Trade Secret to Trade Dress

Lost and Found: Intellectual Property of the Fragrance Industry; From Trade Secret to Trade Dress
By Charles Cronin* Download a PDF version of this article here. More →

A Critical Look at “Use” under the Lanham Act

A Critical Look at “Use” under the Lanham Act
By Krystil McDowall* A PDF version of this article is available here. More →

Amicus Brief of the Electronic Frontier Foundation and the ACLU of Virginia in Radiance Foundation, Inc. v. NAACP

Amicus Brief of the Electronic Frontier Foundation and the ACLU of Virginia in <em>Radiance Foundation, Inc. v. NAACP</em>
By Eugene Volokh* and Mairead Dolan** Download a PDF version of this article here. More →

Contributory Liability for Trademark Counterfeiting in an Ecommerce World

By Scott Gelin and G Roxanne Elings* A pdf version of this article may be downloaded here. It has never been easier for sellers of counterfeit goods to avoid getting caught. The Internet is particularly well suited for anonymity, and counterfeiters readily take advantage of the Internet’s cloaking abilities. Counterfeiters are able to register domain names, operate web stores that sell counterfeit goods and/or sell counterfeit goods on third party auction platforms, accept and process credit card payments, and ship these illicit goods directly to customers, all without revealing their true identities to consumers, who often think they are buying the real thing, or to brand owners who might try to stop them. But if brand owners cannot catch the actual counterfeiters and make them pay, why not pursue the selling platforms, credit card processors, shippers, and Internet service providers who make these counterfeit sales possible? After all, these entities garner fees when counterfeiters use their services to sell and distribute fake goods. Also, these service providers may know the counterfeiters’ true identities and be in the best position to make them stop. Another advantage for brand owners to focus on service providers rather than the counterfeiters themselves is that the former are generally easier to locate and often have deeper pockets. More →