Recent Developments in U.S. Trademark and Unfair Competition Law

This presentation will cover recent developments in United States trademark and unfair competition law over the trailing twelve months. Highlights will include the following:

• the Supreme Court’s consideration of three (and decisions in two) substantive trademark cases;
• the clarification of the relationship between the First Amendment and the Lanham Act (with more to come);
• the likely end of extraterritorial applications of the Lanham Act;
• the lack of clarification regarding the test for fraud on the U.S. Patent and Trademark Office; and
• possible limitations on the USPTO’s failure-to-function reign of terror.

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