Trade Names and Trademarks: Where the Lines Blur
Even within trademark scholarship, a critique holds that the law hands out rights generously, perhaps too generously. “[I]t is argued that trade marks are granted too readily [and] that the rights granted to trade mark owners are too strong[.]” Trademark Law and Theory 3 (Graeme B. Dinwoodie & Mark D. Janis eds., 2008). That critique […]
The Powerful, Imperfect Tool: Trademark Strategy from Selection to Enforcement in the Digital Age
I. Introduction: The Mark as a Business Asset Few categories of law are as intimately bound up with commercial success as trademark law. Trademark law protects the economic investments of trademark owners. Sport Supply Group, Inc. v. Columbia Cas. Co., 335 F.3d 453, 460 (5th Cir. 2003). A company’s trademark often ranks among the most […]
Trademark Law Fundamentals: Purpose, Value, and Core Concepts of Trademarks
Introduction to Trademark Law Michael M. Baylson, Senior Judge for the United States District Court for the Eastern District of Pennsylvania, summarized this blog post in just four words: “Trademarks are important concepts.” Lontex Corp. v. Nike, Inc., No. 18-5623, at 1 (E.D. Pa. Mar. 3, 2022). For those who would otherwise put this post […]