23 Marq. Intell. Prop. L. Rev. 117 (2019)
This essay, delivered as the Nies Lecture at Marquette Law School, focuses on changes in the doctrinal structure of trademark law over the course of the last century — specifically with respect to the relationship between trademark law’s limits and the broader common law of unfair competition. Changes in that relationship, I will argue, meaningfully increased trademark law's emphasis on property — what the plaintiff owns — and deemphasized legal rules that focused on the defendant’s conduct.
Property and Equity in Trademark Law,
23 Marq. Intell. Prop. L. Rev. 117 (2019).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1422