What's the Frequency, Kenneth? Channeling Doctrines in Trademark Law
Mark P. McKenna
Notre Dame Law School
INTELLECTUAL PROPERTY AND INFORMATION WEALTH, Peter Yu, ed., Praeger 2007
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.
Number of Pages in PDF File: 20
Keywords: trademark, copyright, patent, intellectual property, functionality
Date posted: August 15, 2007