Trademark litigation in America today is undergoing a profound change. Based on a review of all trademark cases reported since the Lanham Act took effect, this article concludes that this profound change is due to quot;trademark extortion,quot; the use of strike suits and the like to deter...

Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are...

In this article, we discuss how trademark law might apply to virtual worlds and virtual economies. In Part I, we consider how trademark infringement in virtual worlds resembles and differs from trademark infringement in other media. In Part II, we look at the various business models of...

After nearly 20 years of effectiveness, the Federal Trademark Dilution Act (FTDA) remains as controversial as ever. What the 20 years of jurisprudence has taught us is that academics have been right all along. Dilution is either unconstitutional, inappropriate, or simply misguided legislation....

This Article examines the relationship between private environmental governance and trademark law. Over the past two decades, green trademarks and other forms of private governance have flourished in tandem with the retreat from national and international public law modalities of environmental...

We study the effects of trademark protection on firm profits and strategy using the 1996 Federal Trademark Dilution Act, which granted additional legal protection to selected trademarks. We find that the FTDA raised treated firms' operating profits and was followed by a spike in trademark...

Trademark rights can be extended perpetually, whether copyright is limited by its very nature. This essay aims to solve some of the issues that result when these two rights overlap, particularly focusing on trademarked fictional characters and their interaction with the public domain. After...

Advertising pervades society and has become a persuasive force working on collective mentality of the public affecting their behaviour. Advertisements create brand image and reinforce it time and again. Traditionally, advertisers sought to present their goods and services in the most favourable...

Over the last years, the Court of Justice of the European Union (CJEU) has remarkably expanded the potential scope of trademark rights. Under the EU Trademark Directive, a trademark owner may only prevent third-party uses of the mark if such uses are made (i) in the course of trade, (ii) in...