44,580 research outputs found

    Freedom of Speech and Injunctions in Intellectual Property Cases

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    Preliminary injunctions against libel, obscenity, and other kinds of speech are generally considered unconstitutional prior restraints. Even though libel may inflict truly irreparable harm on its victim, the most a libel plaintiff can hope for is damages, or perhaps a permanent injunction after final adjudication, not preliminary relief. Professors Lemley and Volokh argue the same rule should apply to preliminary injunctions in many copyright, trademark, right of publicity, and trade secret cases. They note that intellectual property rights, unlike other property rights, are a form of content-based, government-imposed speech restriction. The mere fact that the restriction is denominated a property right should not exempt it from conventional First Amendment scrutiny, or justify government action that restricts speech which ultimately proves to be constitutionally protected. This is especially so because in most cases, damages would be a relatively effective remedy. The Court\u27s prior restraint doctrine and sound First Amendment policy suggest that preliminary injunctions in intellectual property cases are often (though not always) unconstitutional

    Libel and Slander - Disparagement of Product - Expanding Protection against Trade Libel

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    Recent Decisions

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    2008 GSP Annual Review: Responses in Support of Petition to Designate HTSUS 2009.41.20 and 2009.49.20 as Eligible Articles under the Generalized System of Preferences and in Support of Request for Competitive Need Limit Waiver for Imports from the Philippines, Before the Trade Policy Staff Committee, Office of the United States Trade Representative

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    This document is part of a digital collection provided by the Martin P. Catherwood Library, ILR School, Cornell University, pertaining to the effects of globalization on the workplace worldwide.  Special emphasis is placed on labor rights, working conditions, labor market changes, and union organizing.ILRF_USTR_Hearing_Philippine_Imports.pdf: 132 downloads, before Oct. 1, 2020

    Recent Decisions

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    Case Notes

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    Fifty Years of the Lanham Act: A Retrospective of Section 43(a)

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    Recent Legal Issues Between the U.S. and the People\u27s Republic of China

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