Looking for something interesting to read? In any case, here's the July-August 2021 issue of The Trademark Reporter (TMR). [pdf here]. Editor-in-Chief Willard Knox summarizes the contents below.
In this issue we offer our readers an article exploring how the mismatch between market reality and European Union trademark law permits "copycats" to escape traditional trademark infringement tests, a commentary responding to a previously published TMR piece on trademark dilution, and a review of a comprehensive one-volume treatise on Canadian unfair competition law.
The Siren Song of the Subtle Copycat—Revisiting Trademark Law with Insights from Consumer Research, by Martin Senftleben and Femke van Horen
In this article, the authors examine how the mismatch between market reality and European Union trademark law permits "copycats" with a subtle imitation strategy to slink away (as it were) from applicable infringement tests.
Commentary: Response to the Commentary Entitled "The Science of Proving Trademark Dilution", by Hal Poret
In this commentary that continues the TMR's tradition of authors engaging in a robust and respectful dialogue about issues of importance, the author argues the methodologies proposed in "The Science of Proving Trademark Dilution," 109 TMR 955 (2019), fail to meaningfully test for likelihood of dilution.
Book Review: The Canadian Law of Unfair Competition, by Daniel R. Bereskin, by Julian Bibb
The reviewer of this book on the Canadian law of unfair competition finds that the author's critical commentary and thoughtful observation make this one-volume treatise indispensable.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.