In this article, Emilio Tovilla writes about how trademarks have a unique association to its respective brand. However, when a mark becomes the generic term for an entire category of goods, owners face the possibility of losing legal protection of their marks. This article will discuss how using trademarks in everyday language can cause genericization and what negative consequences result from genericized marks.
Jack Daniel’s or Bad Spaniels: A chew toy’s effect on trademark protection and First Amendment defenses
In this article, Emilio Tovilla discusses the Supreme Court's decision in Jack Daniel's v. VIP Products, LLC and its impact on trademark protection. He concludes by making suggestions on how the Rogers test could be applied.
Community Guidelines: The Death of Third-Party Tournaments
In this article, TJ Cleary discusses how video game developers have used their intellectual property rights to affect and regulate esports, specifically third-party tournaments not sponsored by them.
The Washington Commanders: a Fumbled Trademark? Applying Likelihood of Confusion and Good Faith Standards
In this article, Emilio Tovilla discusses trademarks in the context of sports and how the likelihood of confusion analysis and standard of good faith should be applied to the Washington Commanders football team. He argues that the current standards of trademark applications seem inconsistent.
Setting the Bar(re): The Intellectual Property and Legal Standard Behind Boutique Fitness Classes
Morgan Hartgrove, Contributing Member 2020-2021
“[Don’t] Take It from Me:” Examining Commodores Entm’t Corp. v. McClary
Kristen Rollerson, Contributing Member 2018-2019