Eleventh Trademark Scholars Roundtable: Defining Marks and Markets

Session 1:  The Process for Defining Marks (Registered, Unregistered)What are the different ways to define marks? What are/should be our goals in defining marks? What are the costs of permitting fuzzy definition? Are there costs to  imposing  strict requirements in defining marks? What are the next steps in the debate about claiming trade dress? What would happen if we extended that critique to more conventional (verbal) marks? What might the law relating to verbal marks learn from the restrictive claiming principles that some courts have articulated (or at least gestured towards) in Section 43(a) cases involving unregistered trade dress? How might we approach the definition of marks consisting of distinctive and non-distinctive elements? How might these different principles shape what we allow or encourage in registration practice? Would disclaimers be useful? Should our  approach to mark definition in the registration content apply equally if we embrace a…

Read more detail on Recent Business Law posts –

This entry was posted in Business law and tagged , , , , , , . Bookmark the permalink.

Leave a Reply