Alexandra Roberts on Trademark Failure to Function

Episode 61 of the Ipse Dixit podcast, hosted by CC0/Public Domain, titled "Alexandra Roberts on Trademark Failure to Function" was published on December 14, 2018 and runs 33 minutes.

December 14, 2018 ·33m · Ipse Dixit

Summary

In this episode, Alexandra J. Roberts, Associate Professor of Law at the University of New Hampshire School of Law, discusses her article "Trademark Failure to Function," which will appear in the Iowa Law Review. Roberts begins by describing what trademarks are for and when they exist. She notes that a mark must be distinctive and be used as trademark in order to function as a trademark. But the Trademark Office and the courts tend to emphasize distinctiveness and de-emphasize use as a mark. She argues this is a problem, because it does not reflect how consumers actually experience marks, and suggests that distinctiveness and use should be measured together. Roberts is on Twitter at @lexlanham.Keywords: trademarks, uspto, registration, distinctiveness, use, intellectual property, behavioral realism, marketing, advertising Hosted on Acast. See acast.com/privacy for more information.

Episode Description