Resources
The Trademark Reporter
Current Issue
This issue of The Trademark Reporter offers readers an article on how the constitutional-avoidance doctrine allows courts to accommodate free speech concerns when applying the Rogers v. Grimaldi test in the wake of the U.S. Supreme Court’s decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, an article on how surveys can help brand owners facing “failure to function” refusals to register their trademarks, and a book review on the intersection of intellectual property and sustainability.
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)
Constitutional Avoidance and Standards of Proof in Trademark Infringement Litigation: A Comment on Post–Jack Daniel’s Applications of the Rogers Test for Liability
Theodore H. Davis Jr.
Following the U.S. Supreme Court’s decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC, the author of this article argues that the constitutional-avoidance doctrine would allow a court applying the Rogers v. Grimaldi test in a case involving an artistic work to accommodate free speech concerns.
Survey Methodologies to Overcome “Failure to Function” Refusals in the U.S. Patent and Trademark Office
Charles Henn Jr.
Brand owners sometimes face United States Patent and Trademark Office “failure to function” refusals to register their trademarks. The author of this article offers brand owners practical advice on how to design surveys that can provide empirical evidence showing whether an applied-for term functions as a mark.
Book Review: Intellectual Property and Sustainable Markets, Ole-Andreas Rognstad and Inger B. Orstavik, eds
Gabriele R. Fougner
The reviewer of this book finds it offers unique and in-depth perspectives on the intersection of intellectual property rights and sustainable development.
