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Industrial Design Protection

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice

Published: 1991

Total Pages: 1250


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This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
Presenting a variety of historiographical approaches, this Research Handbook explores the historical development of trademarks and the associated commercial practices of branding. It has an international scope, covering trademark history in Australia, Israel, pre-modern Europe, Sweden, the UK, and the US.
Trademark and Copyright Disputes: Litigation Forms and Analysis provides timesaving, practice-proven forms, checklists, and analysis that help you handle your next intellectual property dispute with ease. Organized in the sequence of a litigation process, starting with the complaint and ending with appeals, you'll find commentaries covering virtually every area of copyright and trademark litigation in federal court and before other administrative bodies, such as ICANN arbitration, and International Trademark Commission actions. Trademark and Copyright Disputes: Litigation Forms and Analysis includes a CD-ROM that contains: Sample complaints for trademark, copyright, cybersquatting, and International Trade Commission (ITC) actions Sample answers, counterclaims and affirmative defenses for trademark, copyright, trade secrets, cybersquatting litigation, and ITC actions Sample motion ranging from Motions to Dismiss to Motions for Sanctions/Attorney's Fees Discovery sample forms, such as interrogatories and protective orders Trial forms such as jury instructions Forms for appeal such as Notice of Appeal and Petition for Certiorari
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.