Document Type
Essay
Abstract
This brief Essay reviews some of the most significant developments in trademark law during the past year. In most cases, we have interpreted “year” fairly liberally, particularly to highlight some longer-term trends. We focus on six areas: (1) the constitutionality of section 2(a) of the Lanham Act; (2) the Fourth Circuit’s Belmora decision and the availability of section 43(a) claims when the plaintiff has not used a mark in the United States; (3) the effect of B & B Hardware; (4) injunctive relief and the presumption of irreparable harm; (5) nominative fair use; and (6) initial interest confusion.
Recommended Citation
Mark P. McKenna & Shelby Niemann,
2016 Trademark Year in Review,
92
Notre Dame L. Rev. Online
112
(2017).
Available at:
https://scholarship.law.nd.edu/ndlr_online/vol92/iss1/8