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The Trademark Reporter

The Trademark Reporter

Current Issue

May–June 2022 (Vol. 112 No. 3)

In this issue of The Trademark Reporter (TMR), we offer our readers an article by a former Administrative Trademark Judge of the Trademark Trial and Appeal Board (TTAB) with tips on use-based evidence at the TTAB, an article proposing an empirical approach to evaluating potential anticompetitive effects of trade dress protection, and a commentary on survey evidence of dilution.

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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 | May–June, 2022 (Vol. 112 No.3)

Recognizing the “Use”-fulness of Evidence at the TTAB

Author: Lorelei D. Ritchie 

This article by a former Administrative Trademark Judge of the Trademark Trial and Appeal Board (TTAB) turned academic provides tips to practitioners on use-based evidence at the TTAB.

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Trade Dress Protection and Its Impact on Competition: An Attempt at an Empirical Approach

Author: Dr. Xiaoren Wang

This article proposes an empirical approach for courts to assess potential anticompetitive consequences of trade dress protection, with a focus on aesthetic functionality and color trademarks.

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Commentary—Clearing Up Some Confusion About Dilution: A Reply to Hal Poret

Authors: Barton Beebe, Roy Germano, Christopher Jon Sprigman, and Joel H. Steckel

This commentary replies to a critique of the authors’ prior commentary entitled “The Science of Proving Trademark Dilution” (109 TMR 955 (2019)) on survey evidence of dilution.

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