The Role of Creativity in Trademark Law

36 Pages Posted: 15 Dec 2011

See all articles by Jeanne C. Fromer

Jeanne C. Fromer

New York University School of Law

Date Written: December 14, 2011

Abstract

Trademark law - unlike patent and copyright law - is not structured to reward creators for producing particular content. That is unsurprising because trademark law and theory is significantly different than that of patent and copyright. Nonetheless, there are critical ways in which trademark law - rewarding marks’ creators. This underappreciated current of incentive to be creative courses through trademark law in ways that complement trademark law’s basic purposes. At the same time, however, trademark law’s drive to reward creativity has also likely helped justify its expansion in ways unmoored from core trademark theory.

Keywords: trademark, creativity, distinctive marks, goodwill, good will

Suggested Citation

Fromer, Jeanne C., The Role of Creativity in Trademark Law (December 14, 2011). Notre Dame Law Review, Vol. 86, p. 1885, 2011, Fordham Law Legal Studies Research Paper No. 1972412, Available at SSRN: https://ssrn.com/abstract=1972412

Jeanne C. Fromer (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012
United States

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