Comparative view of the law of trademarked generic words
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Authors
Folsom, Ralph H.
Teply, Larry L.
Issue Date
1982
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
In this article, the authors compare the approaches of the United States, United Kingdom, Australia, Canada, and New Zealand in handling common problems that arise when providing legal protection to trademarked words. The authors begin with the other countries, analyzing their common law, and discussing the beginning of trademark infringements actions there. In looking at the other countries, the authors evaluate the legal test of genericness, the importance of deception in legal decisions, and the recent statutory developments. The authors then move on to an analysis of the United States approach, mainly focusing on the primary significance test and federal trademark legislation. The remainder of the article is a comparative analysis of the United States with the other countries. The article ends with the conclusion that while there are problems with the United States' approach to trademarked words, these problems are not as severe as those associated with the approach of the remaining countries.
Description
Citation
Ralph H. Folsom & Larry L. Teply, A Comparative View of the Law of Trademarked Generic Words, 6 Hastings Int'l & Comp. L. Rev. 1 (1982).
Publisher
License
Copyright (c) 1982 Ralph H. Folsom, Larry L. Teply
Journal
Volume
Issue
PubMed ID
DOI
ISSN
0149-9246
0149-9246
0149-9246