Recommended Reading: Ted Davis on "Recent Developments in U.S Trademark Practice"

When Ted Davis talks trademarks, you should listen. That's the reason why his yearly presentation at the INTA annual meeting is so well attended. He has kindly consented to my posting his latest article/outline on recent developments in trademark law (pdf here). Unlike his INTA talk, this paper integrates TTAB decisions with court developments.

Ted Davis

Table of Contents

• I. USE IN COMMERCE
• II. MARK DISTINCTIVENESS
• III. FUNCTIONALITY
• IV. STANDING
• V. DECLARATORY JUDGMENT ACTIONS
• VI. LIKELIHOOD OF CONFUSION
• VII. COUNTERFEITING
• VIII. DILUTION
• IX. CYBERSQUATTING
• X. FALSE ADVERTISING
• XI. RIGHT OF PUBLICITY
• XII. SECONDARY LIABILITY
• XIII. DEFENSES
• XI. REMEDIES
• XV. CONSTITUTIONAL ISSUES
• XVI. USPTO PRACTICE AND PROCEDURE