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Washington and Lee University School of Law

Washington and Lee Law Review

Journal

2010

Duty to disclose

Articles 1 - 2 of 2

Full-Text Articles in Law

Brady's Bunch Of Flaws, Daniel S. Medwed Sep 2010

Brady's Bunch Of Flaws, Daniel S. Medwed

Washington and Lee Law Review

The 1970s television program The Brady Bunch provided a lighthearted and optimistic portrayal of American family life. A divorced man with three brown-haired boys married a divorced woman with three blonde daughters. They melded together into a happy, well-adjusted crew committed to mad-cap adventures accompanied by syrupy background music. Yet the promise of The Brady Bunch was illusory. Divorce has wreaked havoc on this country. The problems that derive from divorce and remarriage are multifaceted; they seldom lend themselves to tidy resolution in thirty minutes, let alone a lifetime. The show provided a distractionand a disservice. It sent an inaccurate …


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 Jan 2010

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 …