TTABlog Recommended Reading: Ted Davis on Recent Developments in Trademark and Unfair Competition Law

I never miss Ted Davis's presentation at the INTA annual meeting. Judging from the size of the crowd in attendance this year, a lot of other people feel the same way. Ted has once again kindly allowed me to post his latest 50-page article/outline on "Recent Developments in U.S. Trademark and Unfair Competition 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. LIKELIHOOD OF CONFUSION
• VI. COUNTERFEITING
• VII. DILUTION
• VIII. CYBERSQUATTING
• IX. FALSE ADVERTISING
• X. FALSE ENDORSEMENT AND RIGHT OF PUBLICITY
• XI. SECONDARY LIABILITY
• XII. THE FIRST AMENDMENT
  
• XIII. DEFENSES
• XIV. REMEDIES
• XV. USPTO PRACTICE AND PROCEDURE
• XVI. JUDICIAL AUTHORITY OVER REGISTRATIONS