Imagine a future in which every purchase decision is as complex as choosing a mobile phone. What will ongoing service cost? Is it compatible with other devices you use? Can you move data and applications across devices? Can you switch providers? These are just some of the questions one must...

This brief commentary succinctly analyzes the decisions of the U.S. Supreme Court in Matal v. Tam and Iancu v. Brunetti, and then challenges the reader to balance the importance of free speech in commerce against the value of diversity in society

“In the twenty-first century,” one commentator notes, “brands have acquired a place in the world unimaginable in any previous period of history.” Yet inasmuch as brands serve as powerful expressions of consumer identity and desire, they are also an important vessel of corporate identity...

This article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that protections for cultural property impede the free flow of ideas, speech,...

Years ago, Article 19 of the Universal Declaration of Human Rights postulated "the right...to seek, receive and impart information and ideas through any media and regardless of frontiers." At the time, it seemed like a relatively simple statement against government censorship and interference...

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local...

A few years ago, it was fanciful to imagine a world where intellectual property owners - such as record companies, software owners, and publishers - were capable of invading the most sacred areas of the home in order to track, deter, and control uses of their products. Yet, today, strategies of...