The Hybrid Trademark and Free Speech Right Forged From Matal v. Tam
This article provides an analysis of the potential ramifications of the 2017 U.S. Supreme Court case, Matal v. Tam, which has forged a hybrid trademark and free speech right. In…
Tomato, Tamatie? Revising the Doctrine of Foreign Equivalents in American Trademark Law
The growing specter of globalization impacts industries from communication to transportation, resulting in an unparalleled proliferation of cultural diffusion unmatched throughout history. Naturally, this cultural diffusion has familiarized American consumers…
Lost and Found: Intellectual Property of the Fragrance Industry; From Trade Secret to Trade Dress
Since the beginnings of the modern fragrance industry, fragrance manufacturers have relied on secrecy to protect information about distillation techniques, product composition, and other elements of the production process. In…
A Critical Look at “Use” under the Lanham Act
The concept of “use” in trademark law is fundamental. However, many activities undertaken by a mark owner in connection with the trademark are not relevant uses for the purposes of…
Amicus Brief of the Electronic Frontier Foundation and the ACLU of Virginia in Radiance Foundation, Inc. v. NAACP
Courts have recognized that speech utilizing the names of organizations, celebrities, and trademarked products, to comment on them is constitutionally protected, even when there is a risk of brief confusion…
ICANN’s gTLD Expansion: Internet Innovation, Hijinks, and IP Headaches
Last month registration opened for web addresses using the new generic top-level domain (gTLD) .nyc, and more than 50,000 domain names have been registered, making it the most prolific city-based…
Is Close Enough Good Enough?: “Comic Con” vs. “Comic-Con”
Today comic conventions are large, multi-day events that fans buy tickets a year in advance for. The comic conventions of 2014 have come a long way from the one-day event,…
What Does Termination of the “Redskins” Trademarks Mean for Washington’s Football Team?
The name was never a label. It was, and continues to be, a badge of honor. – Daniel Snyder Merrit Meets the Enemy. Victory over our Frontier Foes. Thirty-Seven Redskins…
A ®ose By Any Other Name
A successful trademark can provide more than just brand recognition or notoriety. In fact, Forbes reports that the 10 most valuable trademarks have a collective worth of over $300 billion.…
Brand Renegades
Recent appearances of trademarks in popular culture—in rap lyrics, on reality TV shows, even in youth riots—have raised the question whether the owners of those trademarks might pursue legal remedies…