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The Normative Foundations of Trademark Law
This paper challenges the conventional wisdom that trademark law traditionally sought to protect consumers and enhance marketplace efficiency. Contrary to widespread contemporary understanding, earlyExpand
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The Right of Publicity and Autonomous Self-Definition
Legal protection against unauthorized commercial uses of an individual's identity has grown significantly over the last fifty years as it has relentlessly pursued economic value. It was forced toExpand
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A Consumer Decision-Making Theory of Trademark Law
The consumer search costs theory has dominated discussion of trademark law for the last several decades. According to this theory, trademark law aims to increase consumer welfare by reducing the costExpand
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Is Pepsi Really a Substitute for Coke? Market Definition in Antitrust and IP
Antitrust law explicitly depends on market definition. Many issues in IP law also depend on market definition, though that definition is rarely explicit.Applying antitrust's traditional marketExpand
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Imagination and History
Lecture on the way in which history has been conscripted to serve the culture of patriotic display.
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The history anxiety
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Creativity and the Law
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Progress and Competition in Design
This Article argues that applying patent-like doctrine to design makes sense only if a design patent system is premised on a patent-like conception of cumulative progress that permits patentExpand
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Monarchy: From Reverence to Indifference
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