TM scholars' roundtable, part 4

Session 2, Cont’dMid-Point Discussants:                       Mike GrynbergBelmora may do very little.  But: Belmora may be bad if it discards important checks, one of which might be territoriality.  Another idea: arguably undermines systematicity of TM, its existence as an autonomous body of law that courts apply. Casually discarding territoriality is problematic in itself and also in understanding what TM is—Jeremy Waldron on the importance of being able to see how a change ripples through a system.  Belmora undermines the idea that consequences flow from not having a TM/not having a registration.  We don’t know what happens when 32 and 43(a) are not equivalent [and I would argue that there’s a hydraulic push—TM owners then claim that they shouldn’t be worse off b/c they don’t have a TM, so 32 has to be at least…

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