The Trademark Crackup
Originally posted 2005-05-04 16:10:00. Republished by Blog Post Promoter
Marty Schwimmer comes through again with this pickup: A great article by Uli Widmaier about how courts have forgotten the “use” part of the Lanham Act in their rush to find trademark infringement all over the place, even where the trademark is commercially invisible.
This is the thinking that could save Google, and should. Too bad the Europeans utterly don’t, and won’t, get it. But at least American trademark lawyers, and judges, should.