Thursday, March 22, 2018

Ladas Memorial Award Winner: Michelle B. Smit, "(Un)Common Law Protection of Certification Marks"

Michelle B. Smit of Notre Dame Law School has won a 2018 Ladas Memorial Award (INTA) for her article, (Un)Common Law Protection of Certification Marks, 93 Notre Dame L. Rev. 419 (2017). [download here]. (So says Professor Mark McKenna. Can you provide certification, Mark?). Anyway, it's recommended reading, particularly for those (like me) who seldom encounter certification mark issues in our daily grind.


Part I of this Note defines and examines the general principles of certification marks. From that foundation, Part II provides an overview of the case law on unregistered common law certification marks. Part III analyzes the reasons why abuses of certification marks would increase under a common law regime and posits that certification marks, therefore, should only exist under federal law. Finally, Part IV proposes several adjustments that should be made to the current certification mark registration system in order to address existing shortcomings that affect both consumers and third-party businesses.
Read comments and post your comment here.

TTABlog comment: Now when is Notre Dame going to change its disparaging athletic nickname and logo?

Text Copyright John L. Welch 2018.


At 10:08 AM, Anonymous Anonymous said...

Sorry, John, but what is disparaging about Fighting Irish?

There are fighters in every ethnic group, just as there are peaceniks in every ethnic group. ND simply chooses the fighters among the Irish to emulate. Nobody should be insulted by that.

At 5:56 AM, Blogger John L. Welch said...

I think it plays to the stereotype of Irishmen (I'm one) as drunken brawlers, just as Chief Wahoo plays to the "drunken Indian" stereotype.


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