Recent developments in trademark law and practice

Article Abstract:

Significant trademark law developments in 1996 include the passage of the Federal Trademark Dilution Act and cases focusing on dual use, sovereign immunity, priority of constructive use, trade dress and trademark practice. The Federal Trademark Dilution Act protects famous marks from uses that lessen the distinctiveness of the mark. The Act does not preempt state laws, and fair use is exempted. In Illinois High School Ass'n v. GTE Vantage, the US Court of Appeals for the Seventh Circuit ruled that both a computer game maker and a state basketball tournament could use the term "March Madness."

Licenses, Patents & Trademarks, Laws, regulations and rules, Intellectual property, Trademark dilution, international

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Reflections on management of the PTO

Article Abstract:

The Patent and Trademark Office has done well in the five years from 1988 to 1992, but there are some problems which should be solved. Procurement and ethics rules have become complex hindrances to management. Labor relations take up too much of management time, and career assistant commissioners have too much power to ignore political agendas. One possible solution is to turn the office into an independent government corporation.

Management, United States. Patent and Trademark Office

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Noteworty PTO trademark decisions.(Patent and Trademark Office)

Article Abstract:

Applications decided upon by the Trademark Trial and Appeal Board and the Assistant Commissioner for Trademarks from the end of 1996 and through most of 1997 are surveyed. Issues highlighted include trade dress functionality, personal and business names, procedures, and intent-to-use applications.

Cases, United States. Trademark Trial and Appeal Board

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