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The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the publicdomain and restricts others’ creative endeavours.
Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the publicdomain. However, there are precautionary steps a company can take to prevent unintended liabilities.
Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Unlike trademarklaw, copyright is not a “use it or lose it” proposition. For now, suffice it to say that Barlow & Bear haven’t exactly dedicated their musical to the publicdomain.
Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademarklaw area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.
I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademarklaws.
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