Teaching Trademark Theory through the Lens of Distinctiveness

12 Pages Posted: 6 May 2008 Last revised: 10 Dec 2012


This contribution to the annual teaching edition of the Saint Louis University Law Journal encourages teachers to begin trademark law courses using the concept of distinctiveness as a vehicle for articulating producer and consumer perspectives in trademark law. Viewing the law through these sometimes different perspectives helps in approaching a variety of doctrines in trademark law, and both perspectives are relatively easy to grasp in the context of distinctiveness.

Keywords: trademark, teaching, legal education, intellectual property

Suggested Citation

McKenna, Mark P., Teaching Trademark Theory through the Lens of Distinctiveness. St. Louis University Law Journal, Vol. 52, p. 843, 2008. Available at SSRN: https://ssrn.com/abstract=1127836

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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