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Full-Text Articles in Law
Looking At The Lanham Act: Images In Trademark And Advertising Law, Rebecca Tushnet
Looking At The Lanham Act: Images In Trademark And Advertising Law, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Words are the prototypical regulatory subjects for trademark and advertising law, despite our increasingly audiovisual economy. This word-focused baseline means that the Lanham Act often misconceives its object, resulting in confusion and incoherence. This Article explores some of the ways courts have attempted to fit images into a word-centric model, while not fully recognizing the particular ways in which images make meaning in trademark and other forms of advertising. While problems interpreting images are likely to persist, this Article suggests some ways in which courts could pay closer attention to the special features of images as compared to words.
Towards Symmetry In The Law Of Branding, Rebecca Tushnet
Towards Symmetry In The Law Of Branding, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.