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A reply to Swann and Palladino's critique of Folsom and Teply's model survey
This article is a reply to a critique of the authors' model survey relating to generic names and brand names in trademark litigation. The article lists several critiques by two leading members of the trademark bar and ...
Trademarked generic words
Comparative view of the law of trademarked generic words
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 ...
Surveying "genericness" in trademark litigation
This article discusses the primary significance test that is used when determining whether a claimed trademark word should receive trademark protection or should be considered a generic term. The usual way to determine the ...