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:...
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...
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...
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...
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,...
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...
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...
Vol. 131 No. 1 The cornerstone of federal trademark law, the Lanham Act, provides for the registration of trademarks. However, the Act’s disparagement clause prohibits registration of trademarks...
