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Volume 9 | Number 1

Volume 9 | Number 1

You may download the Full Edition, or click on a citation below for the individual article. Journal content dating from 2005 is available on the Lexis-Nexis database. Content dating from 2006 is available on the HeinOnline database. Journal content, starting with Volume 8, is now available on the Westlaw database. (subscriptions required).

RECENT DEVELOPMENTS IN TRADEMARK LAW
Mark A. Thurmon
9 Wake Forest Intell. Prop. L.J. 1

This article reviews the developments in Trademark law from September 2007 through August of 2008. The article notes that while trademark law has witnessed a significant expansion over the past decade, the relatively simple fundamentals of trademark law have been misapplied. In short, the author contends that the federal appellate courts have made several basic mistakes in recent handling of trademarks cases. The article considers a wide array of trademarks issues including: (1) distinctiveness issues; (2) false advertising; (3) infringement and unfair competition; (4) dilution and parody; (5) defenses; (6) procedural issues, including jurisdiction; (7) damages issues; as well as a number of other miscellaneous issues.

THE DEATH OF STATE STREET
Michael Guntersdorfer
9 Wake Forest Intell. Prop. L.J. 61

This article reflects upon the 10 year anniversary of the Supreme Court opinion in State Street Bank & Trust Co. v. Signature Financial Group, Inc., which held that mathematical algorithms are patentable under ยง 101 of the Patent Act as long as they have “practical utility” and there is no “business method exception.” In the article, Guntersdorfer considers the Supreme Court and Federal Circuit cases that followed, including last year’s en banc review of In re Bilski, which arguably put the State Street decision to rest

THE FAMOUS MARKS DOCTRINE: A CALL FOR AMERICAN COURTS TO GRANT TRADEMARKS RIGHTS TO FAMOUS FOREIGN MARKS
Jeffrey M. Reichard and Sam Sneed
9 Wake Forest Intell. Prop. L.J. 85

This article contends that the federal circuits should affirmatively adopt the famous marks exception to the territoriality principle of trademarks. The article considers the history and relevant principles associated with both the famous marks doctrine and the territoriality principle. Further, the article compares the Ninth Circuit’s adoption of the famous marks doctrine with the Second Circuit’s rejection of the doctrine. In addition, the article explains how the Lanham Act, precedent and policy considerations urge the adoption of the famous marks doctrine by American courts.