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Full-Text Articles in Intellectual Property Law
The Birth, Death, And Renaissance Of The Doctrine Of Secondary Meaning In The Making, Willajeanne F. Mclean
The Birth, Death, And Renaissance Of The Doctrine Of Secondary Meaning In The Making, Willajeanne F. Mclean
American University Law Review
No abstract provided.
The Illegitimacy Of Trademark Incontestability, Kenneth L. Port
The Illegitimacy Of Trademark Incontestability, Kenneth L. Port
Faculty Scholarship
The concept of incontestability in American trademark law has caused great confusion ever since its adoption as part of United States trademark law in 1946. This Article is first a study of the rational basis for incontestability in American trademark law. The role of incontestability in the larger regime of American trademark law is established in order to understand incontestability as it fits within the history of the common law of trademarks. This is fundamental in order to understand the significance of the thesis that incontestability is illegitimate. Next, acquisition of incontestability is presented in order to show how simple …