The Federal Circuit, the Patent Office, and several regional circuits apply the trademark law doctrine of foreign equivalents. Under the doctrine, marks in foreign languages are translated into English and tested for the statutory bars to registration, instead of being tested in their original...

This paper analyzes the legal possibility of Geographical Indications status to the culinary products of the Awadh region of the State of Uttar Pradesh, India. The state of Uttar Pradesh is one of the most backward regions of India but has a rich cultural heritage that can be harnessed for...

Can a buyer of copyrighted works abroad import them into the United States or resale them? This question is currently pending before the Supreme Court in Kirtsaeng v. John Wiley & Sons.The parties' positions in this case as well as the Justices' questions during oral argument included extensive...

Can a buyer of copyrighted works abroad import them into the United States or resale them? This question is currently pending before the Supreme Court in Kirtsaeng v. John Wiley & Sons.The parties' positions in this case as well as the Justices' questions during oral argument included extensive...

Starting in 2013, authors of copyrighted work and their successors will be able to terminate every assignment and license 35 years after execution. These termination rights are inalienable and are expected to have a substantial impact on some industries, and in particular, the music...

Frequently, practitioners encounter client queries relating to the ‘value' of their intangible asset (including, but not limited to, identifiable intangible assets other than intellectual property and goodwill, intellectual property such as trademarks, patents, copyright or indeed goodwill)....

Businesses, particularly small businesses, are in a constant struggle to market themselves effectively to increase their customer base. In order to compete with larger businesses and maximize their sites' effectiveness, some site owners have resorted to utilize more well-known trademarks into...

Students around the world submit their essays to an online anti-plagiarism service known as Turnitin.com. Four students sued the service for copyright infringement because Turnitin added their papers to its database for use in future anti-plagiarism detection. The students lost their case, in...

Many inventions can be legally protected either by patent or by trade secrecy, and a conventional wisdom exists on how to select between them. This Article adds to that literature by showing that corporations should have an inherent preference for trade secret over patent for reasons relating to...

Ambush marketing is a marketing strategy that intersects with the law of unfair competition and one that provokes debate and competing arguments. The arguments of event organisers and sponsors have proved to be influential and, in response to pressure from those parties, legislatures in a number...