Academic Writing

Understanding Trademark Strength

Author(s): 
Tim Greene
Publication Date: 
July 7, 2013
Publication Type: 
Academic Writing

Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tendency to signify to consumers a consistent source of the products to which the mark is affixed; and (2) ability to influence a consumer’s purchasing decisions. The stronger the mark, the more uses the mark’s owner may exclude from the marketplace through a trademark infringement or dilution action.

Obscurity by Design

Author(s): 
Woodrow Hartzog
Publication Date: 
June 24, 2013
Publication Type: 
Academic Writing

Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have left the full potential of design untapped. With respect to online communication technologies, design-based solutions for privacy remain incomplete because they have yet to successfully address the trickiest aspect of the Internet — social interaction. This Article posits that privacy-protection strategies such as “Privacy by Design” face unique challenges with regard to social software and social technology due to their interactional nature.

Of Trademarks and Brands

Author(s): 
Tim Greene
Publication Date: 
April 24, 2013
Publication Type: 
Academic Writing

"As Stacey Dogan noted in her recent review of Bob Bone’s Taking the Confusion Out of “Likelihood of Confusion”: Toward a More Sensible Approach to Trademark Infringement, trademark law is at a bit of a crossroads. Scholars increasingly question basic tenets of trademark law and seek explanations for our blinkered theories of trademarks. Among recent attempts at comprehensive trademark law frameworks, some are good, some great, some … not."

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The Labor of Surveillance and Bureaucratized Killing: New Subjectivities of Military Drone Operators

Author(s): 
Peter Asaro
Publication Date: 
March 14, 2013
Publication Type: 
Academic Writing

As the military’s armed surveillance drones have become the iconic weapon of the early twenty-first century, they have also introduced radical transformations in the traditional labor of those who operate them the pilots, crew, analysts, and commanders. In so doing, these transformations have engendered new kinds of subjectivity, with new ways of experiencing the work of surveillance and killing.

Rediscovering Cumulative Creativity from the Oral Formulaic Tradition to Digital Remix: Can I Get a Witness?

Author(s): 
Giancarlo Frosio
Publication Date: 
April 15, 2014
Publication Type: 
Academic Writing

For most of human history the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies regulating creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime as far as access to pre-existing expressions and reuse was concerned.

Regulation and Technology

Author(s): 
Anthony Falzone
Publication Date: 
January 13, 2013
Publication Type: 
Academic Writing

This Article consists of some general observations and a few examples that illustrate them. First, technology can benefit tremendously from government involvement. Regulation may be part of that involvement, but thinking just in terms of regu‐ lation obscures some important points. When people talk about regulating technology, they usually assume technology is a private good, and the question becomes whether—and how— the government should regulate private property. This ob‐ scures the truth that technology is frequently a product of pub‐ lic and private collaboration.

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