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Articles

A Reverse Notice and Takedown Regime To Enable Fair Uses of Technically Protected Copyrighted Works (with J. Reichman & P. Samuelson), Berkeley Technology Law Journal (2007)

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...

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Lessons From the Trademark Use Debate (with M. Janis), Iowa Law Review (2007)

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...

The WIPO Copyright Treaties: A Transition to the Future of International Copyright Lawmaking? (forthcoming 2007) (symposium), Case Western Reserve Law Review (2007)

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Confusion Over Use: Contextualism in Trademark Law (with M. Janis), Iowa Law Review (2007)

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...

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Copyright Lawmaking Authority: An (Inter)nationalist Perspective on the Treaty Clause (symposium), Columbia Journal of Law & the Arts (2007)

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...

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Diversifying Without Discriminating: Complying with the Mandates of the TRIPS Agreement (with R. Dreyfuss), Michigan Telecommunications and Technology Law Review (2007)

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...

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Dilution's (Still) Uncertain Future, Mich. L. Rev. First Impressions (2006)

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The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Marquette Intellectual Property Law Review (2006)

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

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International Intellectual Property Law and the Public Domain of Science (with R. Dreyfuss), Journal of International Economic Law (2004)

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

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Private Ordering and the Creation of International Copyright Norms: The Role of Public Structuring, Journal of Institutional and Theoretical Economics (2004)

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...

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The Seventh Annual Honorable Helen Wilson Nies Memorial Lecture on Intellectual Property Law: The Trademark Jurisprudence of the Rehnquist Court, Marquette Intellectual Property Law Review (2004)

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Trademarks and Territory: Detaching Trademark Law from the Nation-State, Houston Law Review (2004)

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...

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TRIPs and the Dynamics of Intellectual Property Lawmaking (with R. Dreyfuss), Case Western Reserve Journal of International Law (2004)

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...

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The Architecture of the International Intellectual Property System, Chicago-Kent Law Review (2002)

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Designing Non-National Systems: The Case of the Uniform Domain Name Dispute Resolution Policy (with L. Helfer), William and Mary Law Review (2001)

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...

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International Intellectual Property Litigation: A Vehicle for Resurgent Comparativist Thought?, American Journal of Comparative Law (2001)

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The Development and Incorporation of International Norms in the Formation of Copyright Law, Ohio State Law Journal (2001)

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,...

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A New Copyright Order: Why National Courts Should Create Global Norms, University of Pennsylvania Law Review (2000)

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(National) Trademark Laws and the (Non-National) Domain Name System, University of Pennsylvania Journal of International Economic Law (2000)

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The Integration of International and Domestic Intellectual Property Lawmaking, Columbia-VLA Journal of Law & the Arts (2000)

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The Death of Ontology: A Teleological Approach to Trademark Law, Iowa Law Review (1999)

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...

Introduction: Intellectual Property Law For The Twenty-First Century, University of Cincinnati Law Review (1997)

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Reconceptualizing the Inherent Distinctiveness of Product Design Trade Dress, North Carolina Law Review (1997)

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Federalized Functionalism: The Future of Design Protection in the European Union, American Intellectual Property Law Assocation Quarterly Journal (1996)

Books

Achieving Balance in International Intellectual Property Law (2008)

International Intellectual Property: Law and Policy (with W. Hennessey, S. Perlmutter & G. Austin) (forthcoming 2008) (2008)

Trademark Law and Theory: A Handbook of Contemporary Research (forthcoming 2008) (2008)

Trademarks and Unfair Competition: Law & Policy (with M. Janis) (2007)

E-Commerce, the Internet and the Law, Cases and Materials (with Richard Warner, Harold J. Krent & Margaret Stewart) (2007)

Trademarks and Unfair Competition: Law & Policy (with M. Janis) (2004)

International and Comparative Patent Law (with W. Hennessey & S. Perlmutter) (2002)

International Intellectual Property Law and Policy (with W. Hennessey & S. Perlmutter). (2001)

Contributions to Books

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Foreign and International Influences on National Copyright Policy: A Surprisingly Rich Picture (F. McMillan, ed.), 6 New Directions in Copyright (2007)

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...

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The International Intellectual Property System: Treaties, Norms, National Courts and Private Ordering, Intellectual Property, Trade and Development: Strategies to Optimize Economic Development in a TRIPS Plus Era (2007)

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What Linguistics Can Do For Trademark Law, Trade Marks and Brands: An Interdisciplinary Critique (2007)

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...

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Patenting Science: Protecting the Domain of Accessible Knowledge (with R. Dreyfuss), The Future of the Public Domain in Intellectual Property (2006)

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...

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Ten Years of Trademark Law: Lessons for the Future?, 8 International Intellectual Property Law and Policy (2006)

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Towards an International Framework for the Protection of Traditional Knowledge, Elements of National sui Generis Systems for the Preservation, Protection and Promotion of Traditional Knowledge: Innovations and Practices and Options for an International Framework (2006)

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...

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Concurrence and Convergence of Rights: The Concerns of the U.S. Supreme Court, Crossing Borders: Between Traditional and Actual (2005)

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Conflicts and International Copyright Litigation: The Role of International Norms, Intellectual Property in the Conflict of Laws (2005)

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The Story of Kellogg Co. v. National Biscuit Co.: Breakfast with Brandeis, Intellectual Property Stories (2005)

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...

Use, Intent to Use, and Registration in the United States, Trademark Use (2005)

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WTO Dispute Resolution and the Preservation of the Public Domain of Science Under International Law (with R. Dreyfuss), International Public Goods and Transfer of Technology Under Globalized Intellectual Property Regime (2005)

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

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The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Proceedings of the 98th annual Meeting of the American Society of International Law (2004)