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November–December, 2019 Vol. 109 No. 6 Back to TMR Main Page

November–December, 2019 (Vol. 109 No. 6)

This new issue of The Trademark Reporter (TMR) offers an article by well-known survey expert Hal Poret rebutting the oft-cited view that Eveready surveys are appropriate only to test for likelihood of confusion where the senior mark is “top-of-mind,” and providing original supporting research; a commentary by noted scholars Barton Beebe, Roy Germano, Christopher Jon Sprigman, and Joel H. Steckel challenging the “mere association” test for establishing trademark dilution and proposing a new “association strength test” supported by the authors’ own empirical research; and a reflection by Mary Boney Denison, formerly the United States Patent and Trademark Office Commissioner for Trademarks, on her successful tenure, which ended at the close of 2019. 

The TMR welcomes new authors Barton Beebe, Roy Germano, and Mary Boney Denison, and expresses gratitude to returning authors Hal Poret, Christopher Jon Sprigman, and Joel H. Steckel. 

An Empirical Assessment of the Eveready Survey’s Ability to Detect Significant Confusion in Cases of Senior Marks That Are Not Top-of-Mind
Hal Poret

Commentary: The Science of Proving Trademark Dilution
Barton Beebe, Roy Germano, Christopher Jon Sprigman, and Joel H. Steckel

Reflection: Trademark Office: Year-End Wrap-Up
Mary Boney Denison

Complete Issue



Founded in 1911, The Trademark Reporter (TMR) delivers cutting-edge, peer-reviewed legal scholarship on trademarks, brands, and related areas of intellectual property to practitioners, academics, and courts in the United States and around the globe.

The TMR invites the submission of articles, commentaries, and book reviews. Submissions should be made via email to tmr [at] inta [dot] org.

The TMR Committee solicits, writes, and edits scholarly articles, commentaries, and book reviews. For more information on the TMR Committee, please visit the TMR Committee Landing Page.

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