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The Trademark Reporter

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Current Issue

September–October 2022 (Vol. 112 No. 5)

This issue offers our readers an article mapping out how to navigate the doctrine of foreign equivalents and a commentary proposing a reinvention of the Rogers v. Grimaldi infringement test that the author argues would better balance trademark rights and free speech rights.

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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, 2022 (Vol. 112 No.5)

Far from Fluent: Making Sense of the Doctrine of Foreign Equivalents

Author: Anne Gilson LaLonde

In this article, the author guides readers through the complex doctrine of foreign equivalents and offers brand practitioners a helpful checklist that may prevent the doctrine from being applied.

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Commentary: The Rogers Test Dances Between Trademark Protection Under the Lanham Act and Freedom of Speech Under the First Amendment

Author: Taylar Green

In this commentary, the author proposes a reinvention of the infringement test articulated in the seminal Rogers v. Grimaldi decision and argues this enhanced test would better balance trademark rights and free speech rights.

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