Registration and Federalization: 75 Years of the Lanham Act

McKenna, Mark P. & Von Rueden, Brittany

Journal: Cardozo Arts & Entertainment Law Journal

Volume: 39

First Page: 987

Year: 2021

Bluebook Citation: 39 CARDOZO ARTS & ENT. L.J. 987 (2021)

Author: Mark P. Mckenna: all 21 publications


Abstract

The Lanham Act, enacted 75 years ago, aimed to enhance notice and uniformity in trademark law, primarily through improved registration processes. However, its goals were only partially met. While it successfully federalized trademark law, it fell short in emphasizing registration due to court interpretations that allowed enforcement of unregistered marks, leading to a more complex and expanded scope of trademark protection.

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