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Full-Text Articles in Law
Confusion Over Use: Contextualism In Trademark Law, Mark D. Janis, Graeme B. Dinwoodie
Confusion Over Use: Contextualism In Trademark Law, Mark D. Janis, Graeme B. Dinwoodie
Articles by Maurer Faculty
This paper tackles an intellectual property theory that many scholars regard as fundamental to future policy debates over the scope of trademark protection: the trademark use theory. We argue that trademark use theory is flawed and should be rejected. The adoption of trademark use theory has immediate practical implications for disputes about the use of trademarks in online advertising, merchandising, and product design, and has long-term consequences for other trademark generally. We critique the theory both descriptively and prescriptively. We argue that trademark use theory over-extends the search costs rationale for the trademark system, and that it unhelpfully elevates formalism …
Lessons From The Trademark Use Debate, Mark D. Janis, Graeme B. Dinwoodie
Lessons From The Trademark Use Debate, Mark D. Janis, Graeme B. Dinwoodie
Articles by Maurer Faculty
In their response to our article Confusion Over Use: Contextualism in Trademark Law, Professors Dogan and Lemley discard more all-encompassing versions of the trademark use requirement. Instead, they seek to delineate and defend a "more surgical form" of trademark use doctrine. In this reply, we demonstrate that the language of the Lanham Act does not impose a trademark use requirement even when that requirement is defined "surgically" and sections 32 and 43(a) are read "fluidly," as Dogan and Lemley suggest. Moreover, their interpretation still renders section 33(b)(4) redundant and unduly limits appropriate common law development of trademark law. We also …
The New World Of International Trademark Law, Marshall A. Leaffer
The New World Of International Trademark Law, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
Character Merchandising In The U.K., A Nostalgic Look, Marshall A. Leaffer
Character Merchandising In The U.K., A Nostalgic Look, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.