We study how trademarks affect reuse of creative works in the comics industry. As a creative industry, the comics industry systematically relies on copyrights. But trademark protection can also be exploited to generate income from the reuse of comic characters or to strategically exclude others...

The U.S. Patent and Trademark Office resolves patent priority disputes in patent interference cases. Using a random sample of cases declared between 1988 and 1994, we establish a connection between patent interferences and patent races, and then use the data to consider some key issues in...

New technologies often pose challenges to the existing intellectual property regime. This chapter explores three possible government policy responses to new technologies. First, a government can “do not harm” and not affirmatively regulate the technology. Second, a government may wait for...

This book chapter appears in the CAMBRIDGE HANDBOOK ON INTERNATIONAL AND COMPARATIVE TRADEMARK LAW, edited by Jane C. Ginsburg and Irene Calboli (Cambridge Univ. Press 2020). The Chapter provides an overview of the defenses to trademark infringement, dilution, and false endorsement claims that...

These comments address several questions raised by the June 9, 2022 Letter of Senators Patrick Leahy and Thom Tillis, which prompted the Non-Fungible Token Study being conducted by the United States Copyright Office and the United States Patent and Trademark Office (USPTO) (collectively, the...

In this work, I study the determinants of (implicit) trademark value. My approach is based on the idea that more valuable marks are likely to remain under legal protection, as long as the benefits of this protection exceed its costs, than less valuable marks. In order to test this idea, I...

We examine the impact of trademarks (TMs) on the initial public offering (IPO) valuation process of firms, their future performance, and capital market resilience. We find that TMs play an ambivalent role in under-pricing, depending on their quality. The existence of TMs tends to increase...

This paper investigates the links between the market capability of top corporate R&D investors (EU Industrial R&D Investment Scoreboards), as captured by trademark data and their economic performance in terms of net sales growth. It provides empirical evidence to better understand the extent to...

This chapter provides a comprehensive survey of the burgeoning literature on the law and economics of intellectual property. It is organized around the two principal objectives of intellectual property law: promoting innovation and aesthetic creativity (focusing on patent, trade secret, and...

This Article examines the complex world of Internet search. The Article seeks to ensure that trademark law does not interfere with the free flow of Internet content that consumers find relevant. The Article starts with three complementary looks at Internet search from the perspectives of...