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Full-Text Articles in Law
Eighth Circuit Trademark Opinions, Kenneth L. Port
Eighth Circuit Trademark Opinions, Kenneth L. Port
Faculty Scholarship
The Eighth Circuit Court of Appeals’ trademark jurisprudence has been truly fair and balanced since the 1946 passage of the Lanham Act. The court has created this fair and balanced jurisprudence by creating firm standards and sticking to them. Although not the most popular circuit in which to find a trademark case, the Eighth Circuit has kept a constant vigil to assure that trademark plaintiffs do not dominate over trademark defendants. This balanced approach to trademark law is consistent with the Minnesota Supreme Court, which recently held that “advertising injury” included trademark infringement, and therefore the defendant’s insurance carrier had …
The Expansion Trajectory: Trademark Jurisprudence In The Modern Age, Kenneth L. Port
The Expansion Trajectory: Trademark Jurisprudence In The Modern Age, Kenneth L. Port
Faculty Scholarship
American trademark law is expanding. The expansion began with the adoption of
the Lanham Act in 1947. At that time and ever since, commentators and law makers
alike referred to the Lanham Act as a codification of the existing common law. In fact,
this codification was a selection and expansion of the common law. The United States
has continued to expand trademark jurisprudence: from incontestability, to cybersquatting,
to dilution - the notion of what it means to protect a trademark has
continued to expand. During this time, the Commerce Clause on which American
federal trademark protection is based has not …