El Bloqueo and Small Business: Revisiting Trademark Protections Amidst Changing United States-Cuba Relations
In: Loyola University Chicago International Law Review, Jg. 13 (2015-04-01), S. 141
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academicJournal
I. Introduction The primary conflict discussed in this Note is the United States embargo against Cuba and its impact on the intellectual property rights - specifically, trademarks - of small businesses in both countries. The embargo (or "El Bloqueo" as it is called in Cuba), which is still in effect, is the most enduring trade embargo of modern history at fifty-five years and counting. 1 Despite President Obama's announced moves to reestablish diplomatic relations and loosen economic policies, uncertainty runs rampant as the embargo still limits American businesses - both small and large - from conducting business with Cuban interests. 2 Only an act by Congress can lift the embargo and end the half-century of disconnect and turmoil with this Caribbean island. 3 This Note offers much needed practical perspective and guidance to those small businesses navigating trademark law in an embroiled United States-Cuban relationship. This article addresses two distinct groups: small American businesses seeking to expand into the (potentially) opening Cuban market and small Cuban businesses seeking recourse in American courts, as well as preparing for an unprecedented wave of competition. Section II provides historical perspective for small American businesses on the development of Cuban trademark law - focusing on three successive epochs in Cuban history - and serves to highlight its intricacies both domestically and in relation to the United States. Beginning with the Spanish colonization, shifting to the Paris Convention, and then ending with the U.S. embargo against Cuba, Section II will provide the necessary backdrop to ...
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El Bloqueo and Small Business: Revisiting Trademark Protections Amidst Changing United States-Cuba Relations
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Autor/in / Beteiligte Person: | Morgan, Christian |
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Zeitschrift: | Loyola University Chicago International Law Review, Jg. 13 (2015-04-01), S. 141 |
Veröffentlichung: | 2015 |
Medientyp: | academicJournal |
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