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For nearly a century, most persons who have studied or written about property have conceived of it as a bundle of rights or, colloquially, as a bundle of sticks. In the mid 1990s, several philosophically minded academic lawyers questioned whether property should be thought of as a bundle at all....
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Are trademark owners harmed when observers on the street mistake knockoffs for the real thing? The concept of "post-sale confusion"—which has resulted in verdicts over over $300 million—is predicated on the notion that trademarks can be harmed even if no consumer is ever confused about what...
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By many measures China is the world’s largest luxury goods market. China is also widely viewed as the world’s chief counterfeiter and pirate. How can authentic luxury products, with their often-stratospheric prices, have such astonishing success in China when knockoff versions are so widely...
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Fashion design presents a significant challenge to the current enthusiasm for expansive intellectual property rights. Despite an absence of protection under American copyright law, creativity and innovation in fashion design remain vibrant. Nonetheless there is substantial sentiment in favor of...
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