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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 ...
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 ...