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http://ssrn.com/abstract=1577914
 
 

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Back to the Future: Rediscovering Equitable Discretion in Trademark Cases


Mark P. McKenna


Notre Dame Law School

2010

Lewis & Clark Law Review, Vol. 14, 2010
Notre Dame Legal Studies Paper No. 10-08

Abstract:     
Courts in recent years have increasingly made blunt use of their equitable powers in trademark cases. Rather than limiting the scope of injunctive relief so as to protect the interests of a mark owner while respecting the legitimate interests of third parties and of consumers, courts in most cases have viewed injunctive relief in binary terms. This is unfortunate, because greater willingness to tailor injunctive relief could go a long way to mitigating some of the most pernicious effects of trademark law’s modern expansion. This Essay urges courts to reverse this trend towards crude injunctive relief, and to re-embrace their equitable discretion as a means of achieving greater balance in the trademark system.

Number of Pages in PDF File: 17

Keywords: trademark, injunction, equitable, remedy, unfair competition

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Date posted: March 28, 2010  

Suggested Citation

McKenna, Mark P., Back to the Future: Rediscovering Equitable Discretion in Trademark Cases (2010). Lewis & Clark Law Review, Vol. 14, 2010; Notre Dame Legal Studies Paper No. 10-08. Available at SSRN: http://ssrn.com/abstract=1577914

Contact Information

Mark P. McKenna (Contact Author)
Notre Dame Law School ( email )
P.O. Box 780
Notre Dame, IN 46556-0780
United States
(574) 631-9258 (Phone)
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