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The Second Kind Of Sin: Making The Case For A Duty To Disclose Facts Related To Genericism And Functionality In The Trademark Office, Susan M. Richey
The Second Kind Of Sin: Making The Case For A Duty To Disclose Facts Related To Genericism And Functionality In The Trademark Office, Susan M. Richey
Washington and Lee Law Review
Fraud jurisprudence in the federal Trademark Office encourages trademark holders to remain ignorant-or worse, silent-regarding facts that may reveal the generic or functional nature of their marks. If that failure to investigate or to voluntarily disclose relevant information results in the award or maintenance of afederal trademark registrationfo r invalids ubject matter, the public suffers an injury. The injury is particularly acute because numerous amendments to the 1946 Lanham Act in the decades since its passage have substantially increased the evidentiary utility and power of a federal registration. Although Procedures exist to allow a challenger to oppose or cancel an …