Author Archive

Thesis Chapter 5 Draft

By • Jan 13th, 2011 • Category: From the Blogs, Honors Thesis, Research, Thesis

CHAPTER 5 DO NOT CITE WITHOUT PERMISSION OF AUTHOR 5.0 | Overview Chapter 5 will begin by discussing an interview held with Trademark Trial and Appeal Board Judge James Walsh that affirms many of the arguments presented in this thesis and provides…



Thesis Chapter 4 Draft

By • Jan 10th, 2011 • Category: Honors Thesis, Research, Thesis

CHAPTER 4 DO NOT CITE WITHOUT AUTHOR’S PERMISSION 4.0 | Overview In light of linguistic complications that cannot always be considered in court, as well as legal and pragmatic concerns for the DoFE’s workability, the DoFE should be abolish…



Thesis Chapter 3 Draft

By • Jan 3rd, 2011 • Category: Honors Thesis, Research, Thesis

DRAFT- DO NOT CITE WITHOUT PERMISSION OF THE AUTHOR CHAPTER 3 3.0 | Overview Under the DoFE words in foreign languages are translated into English in an attempt to determine the level of genericness, descriptiveness, and the potential similarity i…



Thesis Chapter 2 Draft

By • Dec 30th, 2010 • Category: Honors Thesis, Research, Thesis

DRAFT- DO NOT CITE WITHOUT PERMISSION OF THE AUTHOR CHAPTER 2 2.0 | Overview This chapter will address definitions of what a trademark is generally, as well as likelihood of confusion tests and spectrum of distinctiveness tests that apply to all t…



Thesis Chapter 1 Draft

By • Dec 27th, 2010 • Category: Honors Thesis, Research, Thesis

DRAFT- DO NOT CITE WITHOUT PERMISSION OF THE AUTHOR A consumer walks into a store with the intent to buy a wood burning stove or furnace. In the aisle, he encounters the two following products: PALOMA and DOVE. [1] [2] The consumer happens to be famili…



On Establishing Meaning

By • Dec 5th, 2010 • Category: Honors Thesis, Research

Words can vary substantially in their meaning and reception, with trademark law being a principal area of law concerned with the meaning and reception of language in the marketplace. Other areas of law, however, historically recognize distinctions that…



Thesis Outline and Future Direction

By • Nov 29th, 2010 • Category: Honors Thesis, Research

Below you’ll find my articulated direction for my thesis for the remainder of the year! I.     Introduction (DUE DATE DECEMBER 17) Begin with examples from two cases i.     In re Buckner Enterprises Corp., 6 U.S.P.Q.2d (BNA) 1316 (T.T.A.B. 1987) (holding that the mark DOVE for solid fuel burning stoves and furnaces is not likely to […]



The Liberal Plea for Courts regarding Trademarks

By • Oct 17th, 2010 • Category: Honors Thesis, Research

It may be difficult for governments and businesses, in an increasingly globalized society, to completely control the life, perception, and reception of trademarks in the marketplace. Regardless of whether or not the public sphere is becoming increasingly commodified, these commodities can nevertheless be bought and sold, controlled or manipulated through marketing, and hold value for […]



Dictionaries v Expert Testimony

By • Oct 16th, 2010 • Category: Honors Thesis, Research, Thesis

Chris Hutton, Professor of English at the University of Hong Kong, submits a number of benefits to the use of a dictionary that would be invariant (presumably) across almost all cases in his book Language, Meaning, and the Law: “One tactic that courts sometimes employ when having difficulty with the meaning of an ordinary word […]



Buying into the Brand

By • Aug 3rd, 2010 • Category: Honors Thesis, Research, Thesis

“The concept of a brand is that some of a company’s value comes not from the usefulness of its products but from all the other qualities that buyers associate with it. Nike is youth, vitality, and sexy energy. By purchasing the brand, customers participate in those qualities. Nokia is elegant and so up-to-the-minute as to […]