Tag Archives: TM roundtable

TM roundtable, part 4

From last time: RT: I was thinking as Silbey was talking that you’re convincing me that TM should be a particular kind of anticopying regime (though, as w/patent, knowledge need not be required, at least for double identity).  And that … Continue reading

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TM roundtable, part 3

Session 2:  The Menu of Options for Design Protection:  Where Does/Should Trademark and Unfair Competition Law Fit? This session will consider product-design trade dress protection in relation to other legal regimes that encompass design (design patents, copyright, and sui generis … Continue reading

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TM roundtable, part 2

Session 1, cont’d Mid-Point Discussants:  Mark Janis: The functionality doctrine is not good at doing the work we’re expecting it to do, both in trade dress and design patents.  Recurrent difficulties: tendency for decisionmakers to revert to de facto functionality … Continue reading

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