The Trademark Reporter

The Trademark Reporter

Current Issue

The Trademark Reporter, September–October 2023, Vol. 113 No. 5

This issue of The Trademark Reporter (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critiquing) his past work to a next-generation litigator and author challenging the continued reliance upon certain outdated “Why?”-type questions in surveys.

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When we launder our desire for civil rights and equality through the lens of branding culture, everything, even resistance, becomes commodified.

Sonia K. Katyal, Berkeley Law School, USA Brands Behaving Badly, 109 TMR 827–28 (2019)

Featured Articles | September–October 2023 (Vol. 113 No. 5)

A History of the Evolution of Likelihood of Confusion Methodologies

Jerre B. Swann

Scholar-practitioner (and former Editor-in-Chief of The Trademark Reporter) 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.

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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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