1. Classification of Marks by Strength
Horizon Mills Corp. v. QVC, Inc.
Comments
Problem
Bristol-Myers Squibb Co. v. McNeil-P.P.C., Inc.
Comments
Problem
Policy Perspective: Justifications for Varying Degrees of Protection of Marks
2. Trade Dress and Product Design
Two Pesos, Inc. v. Taco Cabana, Inc.
Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
Comments
Comparative Perspective: International Protection of Nontraditional Marks
Policy Perspective: Trademarks and Public Goods Theory
B. Obtaining Rights by Using a Mark
Allard Enterprises, Inc. v. Advanced Programming Resources, Inc.
Comments
Problem
Perspective: Finding an Unused Mark
C. Registering Marks on the Principal and Supplemental Registers
1. Intent-to-Use Applications
Eastman Kodak Company v. Bell & Howell Document Management Products Company
Comments
Comparative Perspective: Trademark Registration in Foreign Countries
2. Registration on the Supplemental Register
Novartis Consumer Health Inc. v. McNeil-PPC, Inc.
Comments
Problem
3. Non-qualifying Uses
In re Forbes
Comments
Problem
4. Registration of Certification and Collective Marks
In re Florida Citrus Commission
Comments
D. Non-qualifying Types of Marks
1. Offensive, Governmental, and Personal Marks
2. Confusingly Similar Marks and Concurrent Use
In re Coors Brewing Company
Comments
Problem
3. Deceptive, Misdescriptive, and Deceptively Misdescriptive Marks
In re Phillips-Van Heusen Corp.
Comments
Problem
4. Descriptive and Deceptive Geographic Marks
In re JT Tobacconists
Community of Roquefort v. William Faehndrich, Inc.
In re California Innovations, Inc.
Comments
Problem
Problem
Comparative Perspective: Geographic Marks for Wines and Spirits
5. Marks That Are Primarily a Surname
6. Functional Marks: Trade Dress and Product Design
Qualitex Co. v. Jacobson Products Co., Inc.
Comments
Traffix Devices, Inc. v. Marketing Displays, Inc.
Talking Rain Beverage Co., Inc. v. South Beach Beverage Co.
Comments
Problem
Policy Perspective: Availability of Alternatives and Promoting Competition