TRADEMARK REVIEW

OUTLINE OF TOPICS

Trademark Basics

1. Trademarks are for branding
2. Use to distinguish one’s own goods
3. Lots of things can serve as a mark
4. Common-law trademark rights
5. Benefits of federal registration

- - Nationwide rights
  - Puts others on notice
  - Additional remedies available

Distinctiveness

- - Generic terms cannot be registered or protected
  - Functional aspects of trade dress/product design

The Spectrum of Distinctiveness

Likelihood of Confusion

- - Polaroid test in the Second Circuit
  - Different formulation in each circui

Remedies (Not covered in detail or tested)

Advising Clients (Covered very little)