Enigma Software Group USA, LLC v. Malwarebytes, Inc.
Ninth Circuit Holds that Cybersecurity Screening Decisions Are Verifiably False Under the Lanham Act.
Vol. 137 No. 5
Trademark
Jack Daniel’s Properties, Inc. v. VIP Products LLC
Vol. 137 No. 1
Brands — and the names, slogans, and logos they use to promote themselves — are “ubiquitous, embedded in every aspect of our lives and relationships.” Given their omnipresence,...
Of Autonomy, Sacred Rights, and Personal Marks
Response to Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption
Introduction At the height of the Indian freedom movement, Mahatma Gandhi was contacted by a manufacturer of clay tiles with a rather unusual request:...
Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption
Vol. 135 No. 5
Both trademark and unfair competition laws and state right of publicity laws protect against unauthorized uses of a person’s identity. Increasingly, however, these rights...
Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement
Vol. 135 No. 2
Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to...
Fanciful Failures: Keeping Nonsense Marks off the Trademark Register
Vol. 134 No. 5
A search of the United States Patent and Trademark Office’s (USPTO) trademark database reveals that in 2020, a single attorney named Elizabeth Yang filed...
Accession on the Frontiers of Property
Vol. 133 No. 7
I’m a skilled painter who recently survived a debilitating accident. Now incapacitated, I’ve become depressed because I’ll never paint again. You, a good friend,...
Iancu v. Brunetti
Vol. 133 No. 1
In 1946, Congress passed the Lanham Act, which regulates the registration of trademarks and contains provisions limiting certain marks from being federally registrable. In...
Does Running Out of (Some) Trademarks Matter?
Responding to Barton Beebe & Jeanne C. Fromer, Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion
Response to Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion
Vol. 131 No. 4
Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion
Vol. 131 No. 4
A merican trademark law has long operated on the assumption that there exists an inexhaustible supply of unclaimed trademarks that are at least as...