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Full-Text Articles in Law
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Fordham Intellectual Property, Media and Entertainment Law Journal
The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and at common law, render a trademark unprotectable and invalid. In the word mark context, genericism stands for the proposition that certain parts of vocabulary cannot be cordoned off as trademarks; all competitors must be able to use words that consumers understand to identify the goods or services that they are selling. Functionality likewise demands …
Trending @ Rwu Law: Raquel Ortiz's Post: Deepening Connections Between Rwu Law And The State Bench And Bar: Library Edition 04-27-2017, Raquel Ortiz
Law School Blogs
No abstract provided.