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November–December, 2018 Vol. 108 No. 6 Back to TMR Main Page
The Corporate Enterprise as Trademark Owner—The Proper Interpretation of "In re Wella"
This article provides a trenchant analysis of the contradictory decisions by the Trademark Trial and Appeal Board and the U.S. Court of Appeals for the Federal Circuit in In re Wella and the resulting confusion as to what standard should apply to trademarks held by corporations and their subsidiaries. Combining a scholarly analysis of section 5 of the Lanham Act with a practical examination of modern business realities, the author proposes a novel and commonsense approach to corporate family trademarks that should aid practitioners and brand owners alike.
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