A High Likelihood of Confusion: Wal-mart, TrafFix, Moseley, and Dastar – The Supreme Court's New Trademark Jurisprudence
Sheldon W. Halpern
Albany Law School
New York University Annual Survey of American Law, Vol. 61, No. 237, 2005
This article analyzes the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Samara Bros., Inc., TrafFix Devices, Inc. v. Mktg. Displays, Inc., Moseley v. V Secret Catalogue, Inc., and Dastar Corp. v. Twentieth Century Fox Film Corp. in relation to their impact on trademark law. While each arose in very different contexts, the entirety of the case law indicates a significant reversal of the previous expansion of the nature and scope of the federal trademark protection. The article argues that the Court is moving toward consumer-related concerns as opposed to protecting property rights. The Court appears to be particularly concerned with marking and respecting the boundaries separating copyright, patent, and trademark law.
Number of Pages in PDF File: 36
Date posted: June 7, 2010