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  Boston College Intellectual Property and Technology Forum
  2004
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  • The Best Offense Is a Good Defense: How the Washington Redskins Overcame Challenges to their Registered Trademarks
        Lynette Paczkowski
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        2004 B.C. Intell. Prop. & Tech. F. 060803 (June 8, 2004) A group of Native Americans brought suit against Pro-Football, the corporate owners of the Washington Redskins, alleging that the marks associated with the Redskins were offensive, disparaging, and scandalous. The TTAB held against the Petitioners on the scandalous claim, but held that the marks were disparaging and should be canceled in due course. The US District Court for the District of Columbia reversed this decision, finding that it was not supported by substantial evidence and was also precluded by the doctrine of laches. This article explores the initial TTAB decision, as well as its reversal by the district court, and also presents alternative viewpoints and hypothesizes a different standard under which to analyze disparagement claims.
  • Been Deep Linked? Apparent authority Might Link You To Liability
        Tan Pham
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        2004 B.C. Intell. Prop. & Tech. F. 060802 (June 8, 2004) Trademark law has not answered in detail the question of deep linking and trademark infringement. What may even become more of a problem to website owners is the notion of apparent authority from agency law. This article will discuss the interplay between the developing field of internet law in relation to agency law.
  • The Disruption of the U.S. Constitutional Symmetry of Intellectual Property to Gain Conformity with an International Property Framework; A Road to a Global Market or a Tripping Point to the Gradual Collapse of the U.S. Economy?
        John C. Hughs
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        2004 B.C. Intell. Prop. & Tech. F. 060801 (June 8, 2004) There is an ancient and true symmetrical balance between the independent inventor and the government that produces technological advancement. During the dark ages of Europe the Saracens of North Africa and Arabia lived in the light of freedom that produced technological advancement. To advance the production of technological advancement beyond the Saracens, the U.S. Constitution struck the proper balance between the independent inventor and the government. These constitutionally protected intellectual property rights have a substantial impact on the U.S. economy. An international intellectual property law framework has arisen that is now used as the template for U.S. intellectual property laws in place of the U.S. Constitution.