The Judicial Role in Trademark Law

58 Pages Posted: 16 Jul 2011 Last revised: 24 Sep 2011

See all articles by Michael Grynberg

Michael Grynberg

DePaul University - College of Law

Date Written: July 15, 2011


This article considers the judicial role in developing trademark law. The issue is important because proposals for trademark reform often rest on expansive conceptions of judicial authority. In thinking about trademark reform, we should broaden our perspective to include considerations of what we want from the law in general. Our answer to the question of what judges applying the Lanham Act should do may vary depending on whether we respond as subjects of trademark law (i.e., as consumers or sellers), as litigants to a trademark action, or as third parties whose focus is not on trademark law, but the general operation of the legal system. Thinking about contested trademark policies in this manner provides an alternative basis for explaining, critiquing, and reforming modern doctrine.

Keywords: Trademark, Intellectual Property

Suggested Citation

Grynberg, Michael, The Judicial Role in Trademark Law (July 15, 2011). Boston College Law Review, Vol. 52, p. 1283, 2011, Available at SSRN:

Michael Grynberg (Contact Author)

DePaul University - College of Law ( email )

25 E. Jackson Blvd.
Chicago, IL Cook County 60604-2287
United States

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