Resources
The Trademark Reporter
Current Issue
This issue of The Trademark Reporter offers readers an article on how practitioners can use survey evidence to prevail on behalf of brand owners contesting failure-to-function refusals to register their trademarks as well as a book review of a practical handbook on design law.
When we launder our desire for civil rights and equality through the lens of branding culture, everything, even resistance, becomes commodified.
Sonia K. Katyal, Berkeley Law School, USA Brands Behaving Badly, 109 TMR 827–28 (2019)
Phantom Rules: The USPTO’s Disruptive Denial of Trademark Protection in New Communicative Spaces
Christopher P. Bussert & Jonathan E. Moskin
The practitioner authors of this article argue that the United States Patent and Trademark Office (USPTO) has sought to shift the burden of proof to brand owners that contest the USPTO’s refusal to register their trademarks on the ground of failure to function—and share their experience with using survey evidence to prevail on the brand owners’ behalf.
Book Review: Research Handbook on Design Law, Henning Hartwig, ed.
Elisabeth Kasznar Fekete
The reviewer of this treatise finds it offers readers a comprehensive and authoritative survey of design law that will be useful to policymakers, intellectual property office examiners, attorneys, and judges.
