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The Trademark Reporter

The Reademark Reporter United States Annual Review

Current Issue

January—February 2021, Vol. 111 No. 1

The United States Annual Review: The Seventy-Third Year of Administration of the Lanham Act of 1946 is a review of trademark cases in the United States for the year of Lanham Act administration (approximately July 2019–June 2020) arranged in three parts: ex parte appeals; inter partes proceedings; and litigation in the federal courts and state courts of general jurisdiction.

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When we launder our desire for civil rights and equality through the lens of branding culture, everything, even resistance, becomes commodified.

Sonia K. Katyal, Berkeley Law School, USA Brands Behaving Badly, 109 TMR 827–28 (2019)

Featured Articles | November—December 2020, Vol. 110 No. 6

Giving the Wrong Impression: Section 2(a)’s False Suggestion of a Connection

Author: Anne Gilson LaLonde

This article investigates the quirks of the Lanham Act’s Section 2(a), which provides a right-of-publicity-style ground of refusal of registration to celebrities, universities with nicknames, and international companies seeking protection of their well-known marks in the United States (where those companies are not using such marks)—and without a showing of trademark rights, use in commerce, or likelihood of confusion.

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Awarding Some Profits Against Unintentional Infringers

Author: Tony Bortolin

This article explores the U.S. Supreme Court’s decision in Romag Fasteners, Inc. v. Fossil, Inc., 140 S. Ct. 1492 (2020), in which the Court unanimously ruled that willfulness is not a precondition to a court’s ability to award an infringer’s profits. The article agrees that the courts have this authority (except as may be modified by statute), but also provides a reminder of the sometimes-forgotten option of exercising that authority by awarding a percentage of those profits (rather than simply awarding all or none).

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Book Review—The Confusion Test in European Trade Mark Law. Ilanah Fhima and Dev S. Gangjee.

Author: Désirée Fields

The review of this book by rising scholars Ilanah Fhima and Dev S. Gangjee finds it provides a clear and comprehensive overview of the likelihood of confusion analysis under European Union law, touching on all aspects and nuances of the law without delving into too much detail.

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Book Review—The Great Catapult: How Integrated IP Management Will Shoot Your Brand to Success. Zeeger Vink with James Nurton.

Author: Stuart Green

The review of this book by well-known practitioner Zeeger Vink (with case studies by James Nurton) finds it destined for a place on the bookshelf of all forward-looking executives and all those practitioners who take seriously their responsibility to provide clients with easily understandable, holistic advice.

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