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Series

2014

Boston College Law School

Intellectual Property Law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Constructive Role Of Confusion In Trademark, Alfred C. Yen Dec 2014

The Constructive Role Of Confusion In Trademark, Alfred C. Yen

Boston College Law School Faculty Papers

This Article argues that consumer confusion plays a pervasive and important role in our trademark system. This argument directly challenges well-established orthodoxy. Numerous Supreme Court opinions and leading academics take the position that trademark law exists to reduce consumer confusion as much as possible. Indeed, courts generally justify aggressive creation and enforcement of trademark rights on the ground that these rights reduce consumer confusion or its economic equivalent, consumer search costs. Unfortunately, this construction of trademark law rests on a fundamental misunderstanding about how consumer confusion, the trademark system, and the operation of markets relate to one another. In particular ...


On Npes, Holdups, And Underlying Faults In The Patent System, David S. Olson Jan 2014

On Npes, Holdups, And Underlying Faults In The Patent System, David S. Olson

Boston College Law School Faculty Papers

This piece offers commentary on two essays in the current volume of the Cornell Law Review: James Bessen and Michael J. Meurer’s The Direct Costs from NPE Disputes and David L. Schwartz and Jay P. Kesan’s Analyzing the Role of Non-Practicing Entities in the Patent System. Schwartz and Kesan’s essay critiques Bessen and Meurer and offers some further thoughts on the role of empirical work regarding non-practicing entities (NPEs). Before I begin my substantive comments on the two pieces, I must say that these two essays, which engage each other fulsomely, carefully, and respectfully, are models of ...