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The Trademark Reporter

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The Trademark Reporter, September–October 2026, Vol. 116, No. 6

This issue of The Trademark Reporter (TMR) offers readers a novel theory of adapting patent law’s convoyed sales damages theory for trademark infringement cases, a road map for navigating the obstacle course that certification mark applicants routinely face, and a toolkit updating litigants on the key changes to an essential reference manual on evidence.

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The TMR is a unique, well-respected resource for practitioners, brand owners, and others interested in the fascinating issues arising in the world of trademarks and related IP.

We offer thoughtful analysis and deep expertise on the top legal and business issues facing the profession today. Our authors, including well-known practitioners and scholars, provide opinions and context to help you navigate complex questions and better understand key decisions and legislation.

With our thought leadership renowned across the industry, U.S. and international courts often cite the TMR.

Highlights include:

The U.S. Supreme Court cited the TMR in its majority opinion in Iancu v. Brunetti, 139 S. Ct. 2294 (2019).
The U.S. Supreme Court cited the TMR in its majority opinion in Matal v. Tam, 137 S. Ct. 1744 (2017).
Kathleen E. McCarthy, former TMR Editor-in-Chief and current TMR Advisory Board member, won the 2020 Ladas Memorial Award in the Professional Category for her TMR article Free Ride or Free Speech? Predicting Results and Providing Advice for Trademark Disputes Involving Parody.

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Featured Articles | September–October 2026, Vol. 116, No. 6

A Patently Obvious Remedy for Trademark Infringement: Convoyed Sales

Jonathan E. Moskin and Roma Lopes

The practitioner authors of this article argue that patent law’s convoyed sales remedy can be adapted (and adopted) by brand owners seeking damages for trademark infringement.

The Certification Mark Challenge: Successfully Navigating the Prosecution Obstacle Course

Brett Heavner and Caroline G. Segers

The practitioner authors of this article detail how brand owners can maneuver the obstacle course of prosecuting a certification mark from application to registration.

A Practitioner’s Précis of the 2025 "Reference Guide on Survey Research": Key Revisions in the Federal Judicial Center’s Reference Manual on Scientific Evidence, Fourth Edition

David T. Neal, Ph.D.

The practitioner author of this article updates attorneys and survey experts who develop and critique consumer surveys in litigation on the key changes from the previous edition of this essential reference manual on evidence.

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