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Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby
Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby
Marquette Intellectual Property Law Review
This Article examines applications and measurement of continuing commercial impression, which is the meaning or idea a trademark or trade dress conveys to consumers. The doctrine is relevant in a variety of contexts, including abandonment, tacking, claim preclusion, and the Morehouse defense. A number of courts considering the issue have concluded that continuing commercial impression is a pure question of law. This article argues that such a view is incorrect, and that the doctrine should present a mixed question of law and fact. In determining whether continuing commercial impression exists, the sole factor should not be the visual or aural …
The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen
The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen
Marquette Intellectual Property Law Review
In today's business world, companies are increasingly adopting diversification strategies through which they expand into diverse and unrelated business areas. Of additional importance with regard to trademarks and the future of trademark law is the fact that the trend toward corporate diversification is growing. To address the impact of the corporate diversification trend upon trademark law, courts have utilized various methodologies. Some courts have focused primarily upon the reasonably prudent consumer and how he or she is affected by corporate diversification. With regard to the use of trademarks on a variety of products, courts have often taken into account whether …
Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats
Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats
Marquette Intellectual Property Law Review
The protection of trade dress has become increasingly clouded in recent years. A forcethe functionality doctrinehas been implemented to police this intersection between patent and trademark law. Unfortunately, courts have struggled to arrive at a common definition of functionality. This comment examines the functionality doctrine and proposes a four-factor decay test as a uniform approach to functionality. The test asks the following questions regarding a product feature: (1) Is it essential to the use or purpose of the article?; (2) Does it have any current market effect on the cost or quality of the article?; (3) Is there a significant …