2016 Trademark Year in Review

39 Pages Posted: 17 Dec 2016

See all articles by Mark P. McKenna

Mark P. McKenna

Notre Dame Law School

Shelby Niemann

University of Notre Dame, Law School, Students

Date Written: December 16, 2016


This brief essay reviews some of the most significant developments in trademark law during the past year. In most cases we have interpreted “year” fairly liberally, particularly to highlight some longer-term trends. We focus on six areas: (1) the constitutionality of § 2(a) of the Lanham Act; (2) the Fourth Circuit’s Belmora decision and the availability of § 43(a) claims when the plaintiff has not used a mark in the United States; (3) the effect of B&B Hardware; (4) injunctive relief and the presumption of irreparable harm; (5) nominative fair use; and (6) initial interest confusion.

Keywords: trademark, nominative fair use, disparagement, Lanham, Belmora, damages

Suggested Citation

McKenna, Mark P. and Niemann, Shelby, 2016 Trademark Year in Review (December 16, 2016). Available at SSRN: https://ssrn.com/abstract=2886627 or http://dx.doi.org/10.2139/ssrn.2886627

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)

Shelby Niemann

University of Notre Dame, Law School, Students ( email )

Notre Dame, IN 46556
United States

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