{"title":"2016 Trademark Year in Review","authors":"Mark Mckenna, S. Niemann","doi":"10.2139/SSRN.2886627","DOIUrl":null,"url":null,"abstract":"This brief essay reviews some of the most significant developments in trademark law during the past year. In most cases we have interpreted “year” fairly liberally, particularly to highlight some longer-term trends. We focus on six areas: (1) the constitutionality of § 2(a) of the Lanham Act; (2) the Fourth Circuit’s Belmora decision and the availability of § 43(a) claims when the plaintiff has not used a mark in the United States; (3) the effect of BB (4) injunctive relief and the presumption of irreparable harm; (5) nominative fair use; and (6) initial interest confusion.","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":null,"pages":null},"PeriodicalIF":1.0000,"publicationDate":"2017-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Notre Dame Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.2886627","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
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Abstract
This brief essay reviews some of the most significant developments in trademark law during the past year. In most cases we have interpreted “year” fairly liberally, particularly to highlight some longer-term trends. We focus on six areas: (1) the constitutionality of § 2(a) of the Lanham Act; (2) the Fourth Circuit’s Belmora decision and the availability of § 43(a) claims when the plaintiff has not used a mark in the United States; (3) the effect of BB (4) injunctive relief and the presumption of irreparable harm; (5) nominative fair use; and (6) initial interest confusion.
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In 1925, a group of eager and idealistic students founded the Notre Dame Lawyer. Its name was changed in 1982 to the Notre Dame Law Review, but all generations have remained committed to the original founders’ vision of a law review “synonymous with respect for law, and jealous of any unjust attacks upon it.” Today, the Law Review maintains its tradition of excellence, and its membership includes some of the most able and distinguished judges, professors, and practitioners in the country. Entirely student edited, the Law Review offers its members an invaluable occasion for training in precise analysis of legal problems and in clear and cogent presentation of legal issues.
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