The article discusses various aspects of U.S. trademark law, including the differences between it and the patent and copyright branches of intellectual property law, trademark's promotion of creativity, and the expansion of coverage under trademark law. The author examines the role of creativity in trademark law by analyzing the 2010 legal dispute between Stefani Germanotta, also known as entertainer Lady Gaga, and her ex-boyfriend and music producer Rob Fusari.
Jeanne C. Fromer,
The Role of Creativity in Trademark Law,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol86/iss5/5