The Trademark Reporter

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Current Issue

MAY–JUNE, 2020 (Vol. 110, No. 3)

We offer readers a comprehensive article on technical functionality under European Union law, a helpful commentary on avoiding pitfalls with secondary meaning evidence at the Trademark Trial and Appeal Board, insight on the trademark and copyright implications of “upcycling” in the fashion space, and an exclusive reflection on the European Union Intellectual Property Office by its Executive Director.

Read Current TMR Issue

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)

Functionality in Europe: When Do Trademarks Achieve a Technical Result?

By Ilanah Simon Fhima, University College London, UK

A comprehensive and engaging analysis of technical functionality doctrine under European Union law.

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Commentary—A Tale of Two Cups: Acquired Distinctiveness and Survey Evidence Before the TTAB

By Sarah Butler, NERA Economic Consulting, USA
& Healey Whitsett, NERA Economic Consulting, USA

This in-depth examination of a recent decision by the Trademark Trial and Appeal Board of the United States Patent and Trademark Office can help practitioners avoid potential pitfalls in secondary meaning evidence.

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Commentary—Trendy Product Upcycling: Permissible Recycling or Impermissible Commercial Hitchhiking?

Anthony M. Keats, KeatsGatien LLP, USA

Fashion industry insights on “upcycling”—repurposing or embellishing an article of apparel or an accessory that already bears the trademarks or copyrighted designs of an IP rights holder.

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Reflection—Innovation and Cooperation in Times of Crisis: The EUIPO

By Christian Archambeau

The Executive Director of the European Union Intellectual Property Office (EUIPO) takes readers inside the EUIPO and highlights its recent accomplishments.

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