School navigation

Oregon Intellectual Property Network (OIPN)

The Oregon Intellectual Property Network produces articles written by Lewis & Clark law students on current intellectual property issues in collaboration with practicing IP attorneys.

We welcome L&C student and local lawyer participation. Please consult our participation guides, linked in the right-hand column of this page.

Current Articles

The Scope of Protection Under §§ 2 & 43 of the Lanham Act

by James C. Bartholomew

Both §§ 2 and 32 and § 43 of the Lanham Act can serve as the statutory basis for a trademark infringement claim. Sections 2 and 32 may only be invoked for registered marks whereas § 43 may be invoked for any marks. This Article examines what if any differences exist between the two statutory schemes in determining the threshold question of protectability of a mark. Despite significant differences in statutory language; Supreme Court precedent, lower court case law, and current scholarly criticism all indicate that the standards for protectability of a mark under §§ 2 and 43 do not differ.

Read the full article as HTML or PDF

 

Older articles are in the Newsletter Archive