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What's the Frequency, Kenneth? Channeling Doctrines in Trademark Law

INTELLECTUAL PROPERTY AND INFORMATION WEALTH, Peter Yu, ed., Praeger 2007

20 Pages Posted: 15 Aug 2007  

Mark P. McKenna

Notre Dame Law School

Abstract

This paper was published as a chapter in Intellectual Property and Information Wealth (Peter Yu, ed., Praeger 2007). The chapter describes several doctrines that courts have developed to limit the scope of trademark protection where there is a risk of interference with the patent or copyright schemes. It also suggests that courts have in some cases overemphasized the subject matter of protection and underemphasized parties' ability to use trademark law to capture the types of economic benefits for which patent and copyright protection are presumed necessary.

Keywords: trademark, copyright, patent, intellectual property, functionality

Suggested Citation

McKenna, Mark P., What's the Frequency, Kenneth? Channeling Doctrines in Trademark Law. INTELLECTUAL PROPERTY AND INFORMATION WEALTH, Peter Yu, ed., Praeger 2007. Available at SSRN: https://ssrn.com/abstract=1007074

Mark 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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