The scope of strong marks: Should trademark law protect the strong more than the weak?

At the core of trademark law has long been the blackletter principle that the stronger a trademark is, the greater the likelihood that consumers will confuse similar marks with it and thus the wider the scope of protection the mark should receive. The relation between trademark strength and trademar...

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Bibliographic Details
Published in:New York University law review (1950) 2017-11, Vol.92 (5), p.1339-1398
Main Authors: Beebe, Barton, Hemphill, C Scott
Format: Article
Language:English
Subjects:
Attitudes
Competition
CONSUMERS
COSTS
Debates and debating
Infringement
Law and legislation
LIABILITY
Patent law
SOCIAL MEDIA
TRADE MARKS
Trademark infringement
Trademarks
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Summary:At the core of trademark law has long been the blackletter principle that the stronger a trademark is, the greater the likelihood that consumers will confuse similar marks with it and thus the wider the scope of protection the mark should receive. The relation between trademark strength and trademark scope is always positive. The strongest marks receive the widest scope of protection.
ISSN:0028-7881