The Supreme Court's Trademark Jurisprudence: Categorical Divergence In The Interest of Information Convergence


Sheldon Halpern


VOL. XXV • Symposium Issue • NO. 4 (table of contents)

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25 John Marshall J. of Comp. & Info. Law 635


The author shows that convergence has placed trademark law in the center of some of the hard-fought battles over information ownership in intellectual property. From fights over moral rights, to collisions with patents, trademarks in the new technological age have raised questions that he suggests might be better analyzed if the associative nature of trademarks were recognized and applied.

Author Footnote:

Sheldon Halpern is the Harold R. Tyler Jr. Chair in Law & Technology at Albany Law School. Prior to joining the Albany faculty, he was a member of the faculty of The Ohio State University College of Law, where he held the C. William O’Neill Professorship in Law and Judicial Administration. He was in private practice for 15 years and for 10 years was an officer and general counsel of two large public corporations. He teaches courses on copyright, trademarks and defamation & privacy. He is an Order of the Coif graduate of the Cornell Law School and is an elected member of the American Law Institute.

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