Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett
A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett
IP Theory
The Trademark Scholars Roundtable participants discussed a wide range of approaches to understanding and limiting the ever-increasing sprawl of trademark rights. It was a productive and stimulating discussion. In this essay, I would like to combine some of my own ideas with points and suggestions made by the other participants, to sketch out a possible judicial approach to regulating the sprawl. Before discussing a potential solution, however, it is important to understand the nature of the problem, and some of its primary causes.
Section I will discuss the problem and set the stage for my proposal. Section II will then …