TM Scholars' Roundtable: Session 2: Relevance of Ornamentality Elsewhere in Trademark Law
43(B)log
JUNE 24, 2022
Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? Potential additional justification for these doctrines: Non-source significance might be too stable to be easily moved by putative TM ownership: result: deadweight loss and no consumer protection function. In the fair use calculus?
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