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The Trademark Reporter

The Trademark Reporter cover October-November 2020

Current Issue

SEPTEMBER—OCTOBER 2020, Vol. 110 No. 5

In this issue we offer readers an article examining the balance of the legitimate right of traders to protect their valuable trademark rights with the public’s rights of freedom of expression and competition from the Canadian perspective; a commentary exploring how beloved fictional brands can be protected in the real world; another commentary examining the impact of a 2020 decision by the Court of Justice of the European Union on whether a trademark registration can be invalidated on the grounds that the recitation of goods and services is contrary to public policy or because the application was made in bad faith; and a book review on a resource for practitioners who are confronted with aspects of trademark law and its inextricable role with Internet intermediaries in modern day practice.

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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 | September—October 2020, Vol. 110 No. 5

Clairol Revisited: Trademark Rights v. Freedom of Expression and Competition in Canada

Author: Daniel R. Bereskin, Q.C.

Although it is not easy to balance the legitimate right of traders to protect their valuable trademark rights with the public’s rights of freedom of expression and competition, in Clairol International Corp. v. Thomas Supply & Equipment Co. and a number of subsequent cases, application of Section 22 of the Trademarks Act has stifled the public’s rights of freedom of expression and competition, arguably in conflict with Canada’s Charter of Rights and Freedoms. Also, after more than six decades, the limits of Section 22 remain unclear. Legislative reform has become an urgent necessity.

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Commentary: The Real Life of Fictional Trademarks

Author: Lisa Pearson

The author of this scholarly and entertaining commentary explores how beloved fictional brands (think Wile E. Coyote’s numerous ACME products or Homer Simpson’s DUFF beer) can be protected in the (so-called) real world.

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Commentary: Intent to Use, Overly Broad Trademark Protection, and Commercial Logic: Is SkyKick Really a “Big Win” for Brand Owners?

Author: Dr. Martin Viefhues

In this laser-focused commentary, the author examines the 2020 decision by the Court of Justice of the European Union in Sky v. SkyKick on whether a trademark registration can be invalidated on the grounds that the recitation of goods and services is contrary to public policy or because the application was made in bad faith, and explores its potential impact on brand owners.

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Book Review: Internet Intermediaries and Trade Mark Rights—Althaf Marsoof

Author: Yashvardhan Rana

The review of this book by rising scholar Althaf Marsoof finds it a highly valuable, if not indispensable, resource for practitioners of all levels of experience who are confronted with aspects of trademark law and its inextricable role with Internet intermediaries in modern day practice.

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