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The Trademark Reporter
Current Issue
This issue of The Trademark Reporter (TMR) offers readers an article examining single-color trademarks through the lens of the author’s own quantitative empirical investigation, an article exploring the intersection of trademarks and minority languages, an article supplying a toolkit for protecting certification marks under U.S. law, a commentary giving an insider’s perspective on successful genericness surveys, and a review of a comprehensive book on viti-viniculture and trademarks.
While trademark law may not deliberately treat minorities worse than consumers generally, it is argued that protecting minority interests requires us to go beyond treating everyone the same, with a view to eliminating inequalities that might otherwise occur from different starting points and pursuing goals of equality and a wider understanding of nondiscrimination.
Ilanah Fhima, University College London, United Kingdom Multiculturalism, Minority Language Rights, and Trademark Law: Protecting the Less-than-Average Consumer, 115 Trademark Rep. 601 (2025)
In Memoriam: Jerre B. Swann (1939–2025)
William H. Brewster, Theodore H. Davis Jr. and R. Charles Henn, Jr.
This issue of the TMR is dedicated to past TMR Editor-in-Chief and author Jerre B. Swann.
Should We Worry About Color Depletion? An Empirical Study of USPTO Single-Color Trademark Registrations
Dr. Xiaoren Wang
In this cutting-edge article, returning TMR author Dr. Xiaoren Wang examines single-color trademarks—and the potential for color concentration and depletion—through the lens of her own quantitative empirical study of data from the United States Patent and Trademark Office.
Multiculturalism, Minority Language Rights, and Trademark Law: Protecting the Less-than-Average Consumer
Ilanah Fhima
In this timely article, returning TMR author Ilanah Fhima argues that the approach to which trademarks are registered, and the scope of protection afforded them once registered, play an important role in recognizing minority interests—in particular, minority languages—in a multicultural society.
Keeping Promises: Enforcement Strategies for Certification Marks in the United States
B. Brett Heavner and Caroline Segers
In this practitioner-focused article, returning TMR author B. Brett Heavner and first-time TMR author Caroline Segers offer brand owners an enforcement toolkit to proactively protect their certification marks under U.S. law.
Commentary: Oh, Snap! A Shift in Consumer Perception Surveys in Genericness Litigations After Snap Inc. v. Vidal
David H. Bernstein, Jared I. Kagan, and Daniel N. Cohen
In this incisive commentary, returning TMR author David H. Bernstein and first-time TMR authors Jared I. Kagan and Daniel N. Cohen give an insider’s perspective on the genericness surveys conducted in the Snap Inc. v. Vidal case and offer practical guidance for future genericness litigations.
Book Review: Les grands arrets du droit vitivinicole. Sous la direction de Théodore Georgopoulos.
Mathilde P. Florenson
First-time TMR author Mathilde P. Florenson offers readers her English-language review of this French-language book concerning viti-viniculture—from grapevine growth and cultivation (viticulture) to the art and science of making wine (viniculture) and its trade—and trademarks.