This Chapter addresses the uncertainty and the still unclear judicial standards for assessing contributory trademark infringement in the United States. The Chapter proceeds as follows. Part II outlines the developments of the doctrine of contributory trademark infringement, first in the...

This Chapter addresses a hotly debated topic in copyright law in the United States: the intricate relationship among Sections 106, 109(a), and 602(a)(1) of the Copyright Act and the impact of the decisions of the Supreme Court in Quality King and Costco on the application of the first sale rule...

In this chapter, I criticize the practice of using trademark law in addition to, or instead of, copyright law (overlapping rights) to protect exclusive rights in creative works in the United States. Notably, I argue that, regardless of whether creative works can theoretically fit under both sets...

In this chapter, we outline the provisions introduced by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) with respect to trademarks. Similar to the provisions related to patents, copyright, and other rights, section II of Part II of TRIPS (Articles 15–21)...

In this article, we suggest that the U.S. Congress could implement a legislative provision prohibiting copyright protection for incidental product features in the context of parallel imports. The U.S.would not be the first country to implement such a provision. In 1994, Singapore pioneered the...

This Chapter addresses the topic of intellectual property (IP) exhaustion in the context of the parallel trade of pharmaceuticals. These imports, which are controversial in general, are more complex with respect to pharmaceuticals, which require additional marketing and import authorizations....

True to its nature of a (hopefully) once in a lifetime event, the COVID-19 pandemic has led to a tsunami of trademark applications including the terms “COVID,” “Coronavirus,” and other medical and pandemic-management related terms. This unprecedented number of applications has been...

Geographical indications of origin (GIs), their definition, and rationale for protection have historically been the subjects of heated debates in the international community. Fierce defenders of GIs protection, European countries have traditionally advocated that GIs should not be used by...

"Historically, few topics have proven to be so controversial in the international intellectual property arena as the protection of geographical indications (GIs). The adoption of TRIPS in 1994 did not resolve the disagreements on the issue, and countries world-wide continue to quarrel as to the...

This Article explores the intricate relationship between the exercise of trademark rights and the free movement of goods in the marketplace, and considers the effectiveness and the limitations of the principle of trademark first sale (also known as trademark exhaustion) in promoting the free...