1. Introduction.

  2. Titles are troublesome. Case law and Trademark Office rules provide that while the title of a series of creative works (such as books or movies)1 can be registered for trademark protection, the title of a single work cannot.2 The distinctiveness of the title is irrelevant to the doctrine; single-work titles3 are deemed per se "inherently descriptive" or "inherently generic,"4 and thus incapable of the necessary distinctiveness for registration. This judicial fiction applies regardless of how arbitrary or fanciful, i.e., distinctive, the title might actually be.5 Thus, under this doctrine, PULP FICTION and THE 40-YEAR-OLD VIRGIN, as the titles of single movies, would not be registrable, whereas HARRY POTTER, as the title of a series of movies, would be. Even if a single-work title has acquired secondary meaning–essentially, significant recognition among the public6–it will not be eligible for registration.7

    The prohibition, although not statutory,8 is seemingly absolute: The leading case, In re Cooper, although fifty years old,9 has been consistently followed by courts to this day with little explanation,10 and the Trademark Office has stated flatly, "The title of a single creative work is not registrable on the Principal Register or the Supplemental Register."11 While some might cheer a legal doctrine that protects young wizards and leaves gun-toting mobsters and late bloomers to their own devices, the difference in treatment between single-work titles and series titles is peculiar, and has been soundly criticized.12

    Many of the criticisms are valid. However, the primary focus of this Article is not to criticize the accepted doctrine, but to circumvent it–or, at least, circumnavigate it. Accordingly, what follows are a variety of approaches to single-work title registration. With one exception,13 these approaches have not been previously discussed in the literature.

  1. The Benefits of Registration.

  2. First, a practical question–why bother registering? It's not as though single-work titles altogether lack protection. For example, federal unfair competition law under § 43(a) of the Lanham Act (Trademark Act)14 provides protection for some single-work titles.15 However, this is a difficult and unsatisfactory route, since the title owner must show that the title has achieved secondary meaning even if it is distinctive,16 and this, in turn, is a question of fact with a high burden of proof.17 Meeting the burden may require consumer surveys, proof of significant advertising expenditures, media coverage, and/or other evidence.18 State unfair competition law may provide protection as well, but is generally subject to the same limitation.19 In addition, protection under California unfair competition law is even more limited than under federal law, in that the state's case law does not permit enjoining use of an infringing title, and instead requires only a disclaimer by the junior user.20

    In addition, under some circumstances, contract law may provide protection, but this can be true only where there is privity.21 The applicable contract could be between two parties and relate to a specific title, or one could imagine a multi-party agreement relating to use of titles. Just such a system is the Title Registration Bureau of the Motion Picture Association of America (MPAA).22 However, the Bureau only protects titles registered by members of the Bureau–the major studios and other companies that choose to sign up–and only protects such titles against use by other Bureau members.23 Non-members are beyond the MPAA's reach.24

    In contrast, federal trademark registration has none of the limitations of unfair competition or contract law or the MPAA system and, instead, has many benefits that those approaches do not. One key advantage is a set of evidentiary presumptions: federal registration constitutes prima facie evidence of (a) the validity of the mark, (b) the registrant's ownership of the mark, and (c) the registrant's exclusive right to use the mark in commerce on or in connection with the goods or services specified in the registration.25 In addition, a registrant whose mark has been infringed may be able to obtain costs, treble damages, and attorney fees; destruction of infringing goods; and prevention of importation of infringing goods.26 These presumptions and potential remedies are powerful tools in any contest with a potential infringer, and can help settle a dispute early, and, indeed, reduce the likelihood of infringement altogether.

    Even more powerful is a benefit available if a mark survives the first five years of its use in commerce. At that time, with the filing of a simple Trademark Office form, the mark becomes "incontestable."27 This status means, among other things, that the registration becomes conclusive proof of the validity of the mark,28 and is thus a powerful deterrent to infringing use.

    Federal registration also constitutes constructive notice of the registrant's claim of ownership of the mark.29 In addition, federal registrations and applications show up in commercially available trademark and title clearance reports that are customarily used in the industry, providing a deterrent effect on would-be infringers and their Errors & Omissions (E&O) carriers.30

    Yet another advantage of federal trademark law is the ability to apply for registration on an intent-to-use (ITU) basis.31 Whereas "actual use" applications are filed after the mark has been used in commerce, ITU applications are filed based on a bona fide intent to use the mark in commerce.32 Once the registration is allowed, i.e., passes substantive bars against registration, the registration will issue when the mark is used in commerce.33 ITU applications in effect allow the applicant to reserve a name for a period of up to about four and a half years, since it can typically take up to eighteen months to obtain a Notice of Allowance, and then the applicant is generally allowed up to three years to commence using the mark in commerce.34 The ability to reserve a mark in this fashion is a powerful commercial tool, since it helps one avoid spending money establishing a mark, only to later discover that registration is not achievable.

  1. Federal Registration.

  2. There are thus powerful reasons to seek federal registration of single-work titles. Despite the rule contra, it may be possible to obtain such registrations. The technique for doing so requires a review of the system by which goods and services are classified for purposes of trademark registration.

    Trademarks–whether designating goods (trademarks) or services (service marks)35–are registered in one or more International Classes according to the nature of the goods or services represented by the mark.36 A close reading of the list of International Classes37–or a quick search of some existing registrations38–suggests an interesting question: under what class should motion pictures be registered?

    On the one hand, there is Class 41, which encompasses a number of services, including "entertainment." This seems simple enough, and, indeed, a variety of movie series titles are registered in this class. HARRY POTTER, for example, appears not only in the local multiplex, but also in Class 41, for "motion picture theatrical films," among other things.39

    On the other hand, a movie today is more often watched on DVD than in a theater, and a DVD is a good, not a service. Further exploration of the list of International Classes reveals Class 9, a grab-bag of goods ranging from viewfinders to vending machines, and even computer heat sinks–everything, it seems, but the kitchen sink, which is found in class 11. Notably, Class 9 includes "recording discs," and "apparatus for recording, transmission or reproduction of sound or images," and "cinematographic, [and] optical ... apparatus."

    These Class 9 descriptions seem broad enough to encompass DVDs, and, indeed, they do. Thus, HARRY POTTER is also registered in Class 9, for "digital versatile discs" (a formal name for DVDs) and for "[m]otion picture films."40 So, as a result of magic taught at the Hogwarts School of Trademark Law, HARRY POTTER identifies a single thing–a series of movies–as both a good and a service. Wizardry this may be, but it is clear that the Trademark Office approves, since the same duality is reflected in the Office's compendium of recommended phraseologies for identification of goods and services.41

    Interestingly, neither the forms in the U.S. Acceptable Identification of Goods and Services Manual nor the HARRY POTTER registrations explicitly recite that the subject matter is a series of DVDs or films. Indeed, the Trademark Office's Examination Guide on the subject expressly provides that the identification of goods need not reflect their series nature.42 Accordingly, one naturally wonders whether the Office has registered titles that are not series titles at all. The answer is yes. Although the Trademark Office has stated that it will not register titles of single creative works, the Office has done exactly that, on several occasions.

    One example is RESERVOIR DOGS,43 registered for "Pre-recorded video-cassettes, video discs and dvds featuring general entertainment," in Class 9. This registration is almost as interesting as the movie itself, because it is a trademark registration for the title of a single work–a movie without sequels, prequels or spinoffs. The registration is relatively recent (2002) and the file shows only a single specimen of use in Class 9–a photo of a DVD box cover.

    Nor is RESERVOIR DOGS a lone wolf. There are at least two other registered marks for single-work movie titles: THE BLAIR WITCH PROJECT (2003)44 in Class 9 and JUDGE DREDD (2005)45 in Classes 9 and 41. In addition, a pending application in Class 9 for the single-work title ENTER THE MATRIX46 has been approved for publication, notwithstanding a statement of record by the applicant that the mark relates to a single motion picture.47

    Registration of a single-work title does raise two questions. The first is whether failure to disclose that the mark is the title of a single work constitutes fraud on the Trademark Office.48 It appears not, as failure to disclose facts that help show that registration is barred for descriptiveness is not fraud on the Office.49 Indeed, the registrations discussed above were obviously the result of applications filed notwithstanding the single-work title rule. This approach to registration is no doubt aggressive, as it amounts to a sotto voce challenge to a long-standing, if flawed, rule. However, the leading trademark treatise has approved taking an aggressive approach to a similar matter, writing that "[a]s a matter of strategy, an applicant should not in [a trademark application] concede that the [proposed mark] falls within any of the statutory bars of § 2(e) which require proof of secondary meaning under § 2(f)."50

    Second, one may ask whether a single-work title registration would survive legal challenge. Perhaps not. If the above registrations are viewed as mistakes, then the fact that they achieved registration has no precedential value.51 Nonetheless, even a vulnerable registration is likely to cause a prospective infringer to choose another title, rather than incurring the expense and several-year delay incurred by litigating.

    In addition, as discussed, if a title achieves registration and survives the first five years of its use in commerce, the owner can then file for incontestability. As a result, the mark may no longer be challenged on the basis that it is descriptive,52 which is one basis on which the rule against registration of single-work titles is founded.53 Thus, incontestability may insulate registration of a single-work title from challenge based on the rule against such registrations.

  1. Federal Intent-to-Use Application for a Series.

  2. Another approach to federal registration, even if the above approach is refused by the Trademark Office, is to extend the time for filing specimens of actual use, and, then, during the remaining time period, release an actual sequel to the first movie,54 thereby creating a series.55

    As a practical matter, this technique provides some protection for the title even before the series has been created, in that use of the title by a third party is deterred during the pendency of the ITU application, even though such use is not enjoinable until the registration issues (if in fact it does).56 In addition, even if a series ultimately is never created and the application expires, by that time secondary meaning may have been achieved, allowing protection under Lanham Act §43(a).57 Also, the expired application will continue to appear in trademark and title reports, providing notice not otherwise available under a § 43(a) approach.

    An ITU strategy may engender an objection that, when the trademark application is filed, the studio might not have a bona fide intent to create a series, as it may not know at that time whether it intends to release a sequel. However, "bona fide intent" contemplates the possibility that the trademark applicant may conduct market research, product or service development, and promotional activities before deciding whether to release a product with the proposed mark.58 Since the release of a movie often serves effectively as a market test to determine franchise potential, the objection seems without merit.

  1. State Registration.

  2. Yet another approach is to bypass federal registration altogether. Although seldom discussed, each state has its own state trademark registration system.59 The examination process is typically cursory, and registration is almost always achieved, in a matter of weeks (and at a lower filing fee).60 One limitation, however, is that applications must be based on actual use, not intent-to-use.61 Notably, none of the states appear to have rules against registration of single-work titles, although state courts may choose to impute federal substantive requirements when interpreting state trademark statutes.62

    State registration provides few, if any, substantive legal benefits, and state rights are limited by territoriality concerns.63 Nonetheless, state registrations show up in trademark and title reports, and are therefore likely to have deterrent effect.64 In addition, state registrations are more difficult than federal registrations for a challenger to cancel, because there is generally no administrative procedure for cancellation; instead, the opposer has to file a civil action.65

    For these reasons, registration in key states–California, New York, and others of particular commercial or strategic value–is useful. Although state trademarks may be Lilliputian, a group of them can help tie down potential title poachers.

  1. Foreign Registration.

  2. It is also possible to protect single-work titles using foreign trademark registrations.66 This approach can even be used to protect such titles within the United States In this regard, Canada and the EU are the most significant jurisdictions to consider.

    Registration in Canada is uniquely interesting for motion picture title purposes. On the one hand, Canada is obviously not bound by the U.S. doctrine against registration of single-work titles, and, indeed, there is no such prohibition in Canada.67 On the other hand, in the U.S. film industry, English-speaking Canada is treated, with the U.S., as part of a unitary "domestic" territory for contractual and marketing purposes.68 Thus, a registration in Canada, whether on a proposed use69 or actual use basis, will have the practical effect of blocking a third party from using a confusingly similar title not just in Canada, but also in the United States, since it is unlikely that a studio will wish to market a movie under two separate titles within the single domestic territory.

    Likewise, it is possible in the EU to register single-work titles for trademark protection.70 By registering for an EU-wide Community Trade Mark (CTM), one gains protection in much of Western Europe, including several foreign territories considered key in the international film distribution business.71

    Although an EU registration does not preclude use of the title in the United States, it may have some deterrent effect, albeit less so than Canadian registration. This effect arises from the transnational nature of Internet-based film marketing, in that movie web sites–such as a film's "official" web site, fan sites, and movie review sites–are available throughout the world. The inability to use a consistent English-language title across these online venues makes even a simple reference to the movie more difficult,72 which is clearly a commercial disadvantage.

    In addition, it may be possible to obtain U.S. registration (or the equivalent) by virtue of the foreign registration. This is accomplished using Lanham Act provisions that implement two of the major trademark treaties, the Paris Convention and the Madrid Protocol.73 In both cases, however, there are two limitations to overcome. The first is that these provisions are intended primarily for the benefit of foreign registrants–that is, persons or entities that are nationals of or domiciled in a foreign country that is signatory to one of the treaties. However, there is a useful exception for U.S. entities that have a "real and effective industrial or commercial establishment" in the foreign country.74 This "establishment" can include production facilities, business offices or personnel.75 Thus, distribution or film production offices should suffice.

    The second limitation is that both provisions are subject to all of the usual bars to registration.76 This means that the (supposedly absolute) rule against registration of single-work titles would prevent use of the foreign registration for Paris or Madrid purposes. Nonetheless, as discussed, the Trademark Office does not always scrupulously enforce this rule. Thus, not surprisingly, there is at least one example of an otherwise-barred mark achieving registration in this fashion: MAMMA MIA!, the title of a musical based on songs of the 1970s pop group Abba.77

    There is yet another twist, this one potentially helpful: the Lanham Act provision regarding the Paris Convention provides that if an internationally-registered mark is not entitled to registration on the Principal Register, it can be registered on the Supplemental Register.78 As applied to single-work titles, this suggests a partial end-run around the single-work title rule, which bars registration on either register. Once registered on the Supplemental Register, the registered trademark symbol ® can be used in connection with the mark, and the mark will show up in trademark and title searches, both with possible deterrent effect.79

  1. Conclusion.

  2. In a good mystery film, the culprit is sometimes hiding in plain sight. So, too, are solutions for those who seek to protect single-work titles. By rounding up some less-than-usual suspects, one can chart a path towards protection of single-work titles using a variety of trademark registration approaches (which can be used singly or in concert). Unless and until the law changes, the workarounds suggested here–most of them previously unexplored–allow the creators of distinctive titles to attain practical protection.

Footnotes

  1. See Trademark Examination Guide [hereinafter "Exam Guide"] 04-06: Registrability of Marks Used on Creative Works (11/14/06) § IV.1, available at www.uspto.gov/web/offices/tac/notices/examguide4-06.htm; Trademark Manual of Examining Procedure (4th ed. 2005) [hereinafter "TMEP"] § 1202.08, available at tess2.uspto.gov/tmdb/tmep/ (last visited July 21, 2007).
  2. See In re Cooper, 254 F.2d 611 (C.C.P.A.), cert denied, 358 U.S. 840 (1958); Herbko Intl. Inc. v. Kappa Books, Inc., 308 F.3d 1156 (Fed. Cir. 2002); TMEP §§ 1202.08, 1301.02(d); 2 J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition (4th ed. 2004) [hereinafter "McCarthy"] §§ 10:3, 4, 4.10, 6. Nor can titles of either sort be copyrighted. See 37 CFR §202.1(a); 1 Melville B. Nimmer & David Nimmer, Nimmer on Copyright (2000) [hereinafter "Nimmer"] § 2.16.
  3. The phrase "single-work title" is derived from James L. Vana, Single Work Titles and Group, Artist or Author Names–Registrability Revisited, 88 Trademark Rptr. 250 (1998).
  4. See Cooper, 254 F.2d at 615 ("however arbitrary, novel or nondescriptive of contents the name of a book – its title – may be, it nevertheless describes the book"); Herbko, 308 F.3d at 1164 (stating that precedent treats single-work titles as "'inherently descriptive' at best and 'inherently generic' at worst") 2 McCarthy § 10:4 at n.1.50 (Trademark Office views titles as "not just 'descriptive,' but 'generic'").
  5. See Cooper, 254 F.2d at 615.
  6. See 2 McCarthy § 15:2.
  7. See 2 McCarthy § 10:4.
  8. See Lanham Act (Trademark Act) §§ 2(a)-(e) (15 U.S.C. §§ 1052(a)-(e)) (listing grounds for refusal to register).
  9. See Cooper, supra note .
  10. See, e.g., Herbko; Vana, supra note , at 253; 2 McCarthy § 10:4 at nn.6, 6.50.
  11. See TMEP § 1202.08 (citing Herbko and Cooper).
  12. See, e.g., 2 McCarthy §§ 10:3, 4 & 4.10; Vana, supra note , at 252-56.
  13. See infra Section IV.
  14. See Lanham Act §43(a) (15 U.S.C. §1125(a)).
  15. See Herbko, 308 F.3d at 1162 n.2; 2 McCarthy §§ 10:1-10:3.
  16. See 2 McCarthy §§ 10:1-10:3.
  17. See 2 McCarthy §§ 10:10-10:13, 15:21.
  18. See 2 McCarthy §§ 10:13, 15:21.
  19. See 2 McCarthy §§ 10:1 n.1, 10:35 nn.11-12.
  20. See 2 McCarthy § 10:35 at nn.11-12.
  21. See Victor S. Netterville & Barry L. Hirsch, Piracy and Privilege in Literary Titles, 32 S. Cal. L. Rev. 101, 115, 146-47 (1959).
  22. See generally Memorandum of the Title Committee of the Motion Picture Association of America, Inc. (May 1, 2007) (on file with author); Edward Robert McCarthy, Comment: How Important is a Title? An Examination of the Private Law Created by The Motion Picture Association of America, 56 U. Miami L. Rev. 1071 (July 2002).
  23. Id.
  24. Id.
  25. See Lanham Act §7(b) (15 U.S.C. §1057(b)) & § 33(a) (15 U.S.C. §1115(a)).
  26. See Lanham Act §§ 35(a)&(b), 36 & 42 (15 U.S.C. §§ 1117(a)&(b), 1118 & 1124).
  27. See 6 McCarthy § 32:140.
  28. See Lanham Act §33(b) (15 U.S.C. §1115(b)).
  29. See Lanham Act §22 (15 U.S.C. §1072).
  30. Producers are customarily required by financiers and distributors to carry E&O insurance. See, e.g., 2 Donald C. Farber, Entertainment Industry Contracts (2002), Form 15-1 (Production-Financing-Distribution Agreement), Section 5 & cmt. 15; and Form 17-1 (Acquisition and Distribution Agreement), at Section 8 and cmt. 8.
  31. See Lanham Act §1(b)(1) (15 U.S.C. §1051(b)(1)); TMEP § 1101.
  32. Id.
  33. See Lanham Act §§ 1(c) & 1(d)(1) (15 U.S.C. §1051(c) & (d)(1)); TMEP § 1103.
  34. See Lanham Act §§ 1(d)(1) & (2) (15 U.S.C. §1051(d)(1) & (2)); TMEP § 1108.02(f).
  35. The word "trademark" is ambiguous. Sometimes the word "mark" is used instead, to embrace both trademarks (for goods) and service marks. Cf. 1 McCarthy § 4:19.
  36. See 5 U.S.C. §1112; 37 C.F.R. § 2.85.
  37. See 37 CFR §6.1.
  38. The Trademark Office registration database can be searched at www.uspto.gov.
  39. Reg. nos. 2568097 (word mark) and 2574410 (design mark).
  40. Reg. nos. 2525908 (word mark) and 2526111 (design mark).
  41. See U.S. Acceptable Identification of Goods and Services Manual (available online in database form at tess2.uspto.gov/netahtml/tidm.html (last visited February 27, 2008)); TMEP § 1402.04.
  42. See Exam Guide 04-06 § IV.5.
  43. Reg. no. 2640668.
  44. Reg. no. 2800585.
  45. Reg. no. 3007341.
  46. Serial no. 78135234.
  47. See Response to First Office Action (May 2, 2003) at 5.
  48. Cf. Lanham Act §38 (15 U.S.C. §1120).
  49. See 6 McCarthy § 31:69 n.5; Bart Schwartz Int'l Textiles, Ltd. v. Federal Trade Comm'n, 289 F.2d 665, 669 (C.C.P.A. 1961).
  50. See 3 McCarthy § 19:11.
  51. See In re Nett Designs Inc., 236 F.3d 1339, 1342 (Fed. Cir. 2001); In re The Signal Cos, Inc., 228 U.S.P.Q. 956, 1986 TTAB LEXIS 167, *9 n.9 (T.T.A.B. 1986).
  52. See Park 'N Fly, Inc. v. Dollar Park & Fly, Inc. 469 U.S. 189 (1985); see also 2 McCarthy § 13:36; John R. Thompson Co. v. Holloway, 366 F.2d 108, 113 (5th Cir. 1966).
  53. See text, supra, at note . However, some cases alternately suggest that titles may be generic. See id. If this interpretation is adopted, then incontestability will not shield a single-work title registration from challenge, because a challenge based on genericness is an exception to incontestability. See Lanham Act §15(4) (15 U.S.C. §1065(4)); 6 McCarthy §§ 12:60 at nn.6-8, 32:149 at nn.13-14.
  54. See David J. Kera & Theodore H. Davis, Jr., Annual Review: A. United States: The Fifty-Sixth Year of Administration of the Lanham Trademark Act of 1946, 94 Trademark Rptr. 1, 28 (Jan. – Feb. 2004)
  55. See Herbko at 1163.
  56. See 3 McCarthy §§ 19:26, 19:30 n.2.
  57. See text, supra, at notes -.
  58. See TMEP § 1101; 37 CFR §2.89(d) (Trademark Rules of Practice); 3 McCarthy § 19:14 n.12.
  59. See 3 McCarthy § 22; International Trademark Association, State Trademark and Unfair Competition Law (2006).
  60. See James E. Hawes & Amanda Dwight, 2 Trademark Registration Practice § 22:1 (2d ed. 2007); 5 Gilson § 36.01.
  61. See 3 McCarthy §§ 22:1 n.9, 22:10.
  62. Cf. 3 McCarthy § 22:7 (appropriate for court to rely on Lanham Act case law in interpreting state trademark statutes); Andrew L. Goldstein, Dilution Law: At a Crossroad? Bringing the Model State Trademark Bill into the 90s and Beyond, 83 Trademark Rptr. 226, 234 (1993) (same) (citing cases). Such imputed requirements could include the rule against single-work title registration, although there appear to be no cases on point.
  63. See 3 McCarthy §§ 22:1 & 22:2.
  64. See 3 McCarthy § 22:1; 5 Gilson § 36.01.
  65. See James E. Hawes & Amanda Dwight, supra note , at § 22:2.
  66. In addition, but beyond the scope of this Article, copyright (and quasi-copyright) protection for titles is available in some foreign jurisdictions. See Paul Edward Geller & Melville B. Nimmer, International Copyright Law and Practice (2007), § 2[4][a] in each national chapter. This contrasts with the U.S. rule. See supra note .
  67. See email from Canadian Intellectual Property Office (9/6/07) (on file with author) ("the title of a single work can be trade-marked"); Leslie Alan Glick, Protection of Literary and Artistic Titles, 55 Cornell L. R. 449, 453-54 (1970).
  68. See, e.g., Farber, supra note , at Form 17-1 (Acquisition and Distribution Agreement), comment 2 ("United States ... territory ... normally includes ... English-language versions in Canada").
  69. "Proposed use" is the Canadian equivalent of the U.S. intent-to-use system. See Canada Trade-Mark Law § 30(e).
  70. See email from Natascha Semjevski, OHIM (EU trademark office) (7/17/07) (on file with author) ("the title of a single book or single motion picture is registrable as a CTM"). Such registration is also possible individually in a number of European states. See Glick, supra note , at 454-69.
  71. The UK, Germany, France, Italy, and Spain. Cf. 2 Farber, supra note , at ¶ 17.01 (listing Korea but not Spain).
  72. See, e.g., Wikipedia:Naming conventions (films) § 3.1, available at en.wikipedia.org/wiki/Wikipedia:Naming_conventions_(films) (last visited September 2, 2007) (style guide for Wikipedia articles on movies).
  73. See Lanham Act §§ 44(e) & 66(a) (15 U.S.C. §§ 1126(e) & 1141f(a)).
  74. See TMEP § 1902.02(j) (re § 66(a)); 3 McCarthy § 19:31.40. The language regarding § 44(e) is similar, but substitutes "bona fide" for "real." See Lanham Act §44(c) (15 U.S.C. §§ 1126(c)); TMEP § 1002.04; 5 McCarthy §§ 29:10 n.10, 29:18.
  75. See TMEP 1002.04.
  76. See Lanham Act §§ 44(e) & 68(a)(1) (15 U.S.C. §§ 1126 & 1141h(1)); TMEP 1007 & 1904.02(a); 5 McCarthy §§ 29:9.50, 29:10, 29:13 at nn. 6-7 (all re § 44(e)); 3 McCarthy § 19:31.20 et seq. (re § 66(a)).
  77. Reg. No. 3000555.
  78. See Lanham Act §§ 44(e) (15 U.S.C. §§ 1126); 5 McCarthy 29:11 n.1.
  79. See James E. Hawes & Amanda Dwight, supra note , at v. 1, §§ 12:3 & 12:4; 2 McCarthy § 19:37(3).

Originally Published in "Los Angeles Lawyer," April 2008

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.