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The Trademark Reporter
Current Issue
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.
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.