Resources
The Trademark Reporter
Current Issue
The Trademark Reporter, May–June 2026, Vol. 116, No. 3
This issue of The Trademark Reporter (TMR) offers readers an article exploring the ever-evolving interplay between trademarks and free speech; an article detailing how the Digital Services Act and recent European case law may expose online platforms to liability in the age of artificial intelligence; a commentary on potential copyright infringement arising from online content feeds; and three book reviews covering international patent law, advertising and trademarks in nineteenth-century America, and the history of trademark law, respectively.
While trademark law may not deliberately treat minorities worse than consumers generally, it is argued that protecting minority interests requires us to go beyond treating everyone the same, with a view to eliminating inequalities that might otherwise occur from different starting points and pursuing goals of equality and a wider understanding of nondiscrimination.
Ilanah Fhima, University College London, United Kingdom Multiculturalism, Minority Language Rights, and Trademark Law: Protecting the Less-than-Average Consumer, 115 Trademark Rep. 601 (2025)
Brands as Speech, Speech as Brands: Mapping the Two-Way Street Between Trademark Law and Freedom of Expression
Alvaro Fernandez-Mora
This article explores how a trademark today can serve both as a source identifier and a source of self-expression and tracks this ongoing transformation under U.S. and European law.
Cast from the Safe Harbor into Open Waters of Active Duties: The Digital Services Act Alters the Course of Intermediary Liability in the EU
Anthonia Ghalamkarizadeh, Florian Richter, Janis Beckedorf, and Marvin Jäschke
This article provides an in-depth analysis of how the 2024 Digital Services Act and recent European case law could expose online platforms to primary liability, particularly in the age of artificial intelligence.
Commentary: Zombies Online: U.S. Copyright Infringement Claims That Never Die, and What We Should Do About Them
Rodrick J. Enns
The author of this commentary trains a spotlight on the potential for copyright infringement under U.S. law in the de facto data storage caused by online platform feeds of third-party content.
Book Review: Advanced Introduction to International Patent Law. Margo A. Bagley and Rochelle C. Dreyfuss.
Tom Rammer
The reviewer of this book on international patent law—a first for the TMR—finds it provides readers with both a foundational understanding and thoughtful critique of the global patent system.
Book Review: Branding Trust: Advertising and Trademarks in Nineteenth-Century America. Jennifer M. Black.
Zvi Rosen
The reviewer of this book finds it an important contribution to the understanding of how trademark law became what it is today.
Book Review: Research Handbook on the History of Trademark Law. Lionel Bently and Robert G. Bone, eds.
Lesley McCall Grossberg and Gavin Canzanese
The reviewers of this book find it offers a rich and nuanced exploration of how historical developments have shaped trademark law as it is known today.