A Comparative View of the Law of Trademarked Generic Words
Creighton University - School of Law
University of San Diego School of Law
November, 28 2010
Hastings International and Comparative Law Review, Vol. 6, No. 1, 1982
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 authors begin with the other countries, analyzing their common law, and discussing the beginning of trademark infringements actions there. In looking at the other countries, the authors evaluate the legal test of genericness, the importance of deception in legal decisions, and the recent statutory developments. The authors then move on to an analysis of the United States approach, mainly focusing on the primary significance test and federal trademark legislation. The remainder of the article is a comparative analysis of the United States with the other countries. The article ends with the conclusion that while there are problems with the United States’ approach to trademarked words, these problems are not as severe as those associated with the approach of the remaining countries.
Number of Pages in PDF File: 36
Keywords: Trademark, generic, infringement, statute, defenses, patent, primary significance, comparative study, litigation, hybridAccepted Paper Series
Date posted: November 29, 2010
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