Document Type
Article
Publication Date
2019
Publication Information
23 Marq. Intell. Prop. L. Rev. 117 (2019)
Abstract
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.
Recommended Citation
Mark McKenna,
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
