Trademark law contains important limits that place a range of third party conduct beyond the control of the trademark owner. However, I suggest that trademark...

The WIPO Copyright Treaty (WCT) recognized the need to maintain a balance between the rights of authors and the larger public interest in updating copyright...

In their response to our article Confusion Over Use: Contextualism in Trademark Law, Professors Dogan and Lemley discard more all-encompassing versions of the trademark use...

This paper tackles an intellectual property theory that many scholars regard as fundamental to future policy debates over the scope of trademark protection: the trademark...

This contribution to a symposium on Copyright and The Constitution considers whether the Treaty Clause provides an alternative source of copyright lawmaking authority with respect...

Although the technological community was once fairly united in its needs from the patent system, the recent debate over patent reform has made it clear...

International intellectual property norms are now being developed by a wide range of institutions - some national, some international, and some that do not fit...

The TRIPS Agreement can be read to reflect a static view of the structure of intellectual property law. In this paper, we address wither -...

International copyright law must be based on an assessment of what types and levels of protection best further the purposes of copyright law. But constructing...

It is an axiomatic principle of domestic and international trademark law that trademarks and trademark law are territorial. This paper critiques the principle of territoriality...

In prior work, we took up the question of the TRIPs Agreement's resilience to changes in domestic law. We argued that such resilience is necessary...

The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder...

The means by which international norms are developed and incorporated in the formation of copyright law have changed dramatically in recent years. In this article,...

In recent years, U.S. courts have recognized that a wide (and potentially limitless) range of subject matter may act as a trademark. These developments arguably...

National copyright policy, traditionally reflective of domestic cultural and economic priorities, is increasingly shaped by foreign and international influences. In this chapter, I sketch some...

Although part of the political impetus for international intellectual property law making has long come from the economic gains that particular countries could secure in...

This contribution to an inter-disciplinary book on Trademarks and Brands responds to the work of Alan Durant, a linguist who (in his chapter of the...

In this book chapter, we look at the effect of commodification on scientific and technological, as opposed to cultural, activity. After discussing the nature of...

At a seminar organized by UNCTAD and the Government of India in 2002, participants considered how evolving national systems for the protection of traditional knowledge...

Kellogg Co. v. National Biscuit Co. may be the Supreme Court's most versatile and influential trademark decision. Justice Brandeis' opinion contained language that is now...

The TRIPS Agreement can be read to reflect a static view of the structure of intellectual property law. In this paper, we address whether -...

International intellectual property norms are now being developed by a wide range of institutions - some national, some international, and some that do not fit...