Recommended Reading: The Trademark Reporter, September-October 2023 Issue

The September-October 2023 (Vol. 113 No. 5) issue of the Trademark Reporter has hit the newsstands. [pdf here]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): This issue of the TMR offers readers the latest in likelihood-of-confusion survey thought leadership—from a leading scholar-practitioner looking back on (and at times critiquing) his past work to a next-generation litigator and author challenging the continued reliance upon certain outdated “Why?”-type questions in surveys.

A History of the Evolution of Likelihood of Confusion Methodologies, Jerre B. Swann [Scholar-practitioner (and former Editor-in-Chief of the TMR) Jerre B. Swann caps more than a decade’s worth of thought leadership on likelihood-of-confusion surveys with this comprehensive article reflecting upon (and at times critiquing) his past work in that arena.]

Why Ask Why? A Critical Assessment of an Historical Survey Artifact, R. Charles Henn Jr. [Trial lawyer and author R. Charles Henn Jr. returns to The Trademark Reporter with this cutting-edge article challenging the continued reliance by some survey experts and courts upon “Why do you say that?”-style questions to, in turn, answer the question of whether an allegedly infringing mark is likely to cause confusion in consumers.]

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TTABlog comment: This issue of the TMR is Copyright © 2023, the International Trademark Association, and is made available with the permission of the Trademark Reporter®.

Text Copyright John L. Welch 2023.