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Restoring Rogers: Video Games, False Association Claims, and the “Explicitly Misleading” Use of Trademarks, 16 J. Marshall Rev. Intell. Prop. L. 306 (2017) The John Marshall Review of Intellectual Property Law (2017)
Courts have long struggled with how to balance false association claims brought under the Lanham Act with the protections for speech under the First Amendment. The leading approach is the Rogers test, but this test ...
The Law and Science of Video Game Violence: What Was Lost in Translation?, 31 Cardozo Arts & Ent. L.J. 297 (2013) Faculty Scholarship (2013)
"[A]s a general rule," writes Pulitzer Prize-winning journalist Edward Humes, "courts don't do science very well."' Susan Haack, a professor of law and philosophy, elaborates on why this may be true, offering several reasons for ...
Copy Game for High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012) Faculty Scholarship (2012)
Commentators and industry historians generally agree that the multi-billion dollar video game industry began forty years ago in November 1972 with Atari's release of Pong. Pong is among the simplest of video games: a version ...
Games Are Not Coffee Mugs: Games and the Right of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012) Faculty Scholarship (2012)
Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should ...
The Phantom Philosophy? An Empirical Investigation of Legal Interpretation, 65 Md. L. Rev. 841 (2006) Faculty Scholarship (2006)
This Article tests a model of judicial decision making that incorporates elements of both the attitudinal model and the legal model, along with measures of institutional and judicial background characteristics such as collegiality and trial ...