The zone of interest test is a component of the standing analysis in trademark litigation, serving as a gatekeeper to determine which parties may pursue claims under the federal Lanham Act. This doctrine, refined through U.S. Supreme Court and Federal Circuit decisions, continues to shape the landscape of intellectual property disputes. Lexmark In Lexmark International …
Tag: trademarkregistration
Understanding the Doctrine of Foreign Equivalents in Trademark Law
The doctrine of foreign equivalents represents one of the more nuanced areas of trademark law, sitting at the intersection of linguistic analysis, consumer perception, and legal precedent. This doctrine can make or break trademark applications containing foreign-language terms, making it essential for both practitioners and consumers alike to understand both its theoretical foundations and Federal …
Understanding the False Suggestion Doctrine in Trademark Law
The false suggestion doctrine is a limitation on trademark registration, designed to protect the public from misleading associations with recognized entities or symbols. Overview Section 2(a) of the Lanham Act prohibits the registration of trademarks that “falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols.” This provision serves as a …