Articles Tagged Trademark law

Elizabeth L. Rosenblatt, Rethinking the Parameters of Trademark Use in Entertainment

61 Fla. L. Rev. 1011 (2009) | | | | ABSTRACT :: Trademark law is flawed in its approach to trademark uses in entertainment. Infringement turns on whether a consumer is likely to be confused into believing that a markholder sponsored or approved of the use. Because consumers are increasingly aware of product placement and […]

Jeffrey L. Harrison, Trademark Law and Status Signaling: Tattoos for the Privileged

59 Fla. L. Rev. 195 (2007) | | | | INTRODUCTION :: The motivations for buying a good or service are highly complex. At the most basic level, people buy goods because of what the goods do or because of the aesthetic elements they embody. More technically, buyers derive utility from the “functional” quality of […]

Mark Alan Thurmon, The Rise and Fall of Trademark Law's Functionality Doctrine

56 Fla. L. Rev. 243 (2004) | | | | INTRODUCTION :: Trademark law’s functionality doctrine is a mess, and the responsibility for this mess rests squarely with the United States Supreme Court. In TrafFix Devices, Inc. v. Marketing Displays, Inc., the Supreme Court intervened to resolve a minor split on a secondary functionality issue, […]