Focus (Forum & Focus)
Aug. 9, 2008
Tricks of Trademarks
Recent Court of Appeals decisions continue to express the longstanding judicial antipathy toward circumvention of copyright law by the Lanham Act, writes David Gerber. - Focus Column
By David Gerber
This article appears on Page 5
Copyright attorneys are familiar with pre-emption. There is a robust body of case law applying the doctrine, rendering inoperative state law that intrudes into the copyright domain. But copyright law has a similar impact on federal law, an emergent concept that is far less familiar.
The most common variety of fede...
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