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Trademark thought of the day

By Rebecca Tushnet

Here's a proposition: If trademark owners successfully push the concept of trademark as basically property, protected for incentive-based reasons and not fundamentally a consumer protection tool, then it is entirely fitting to apply eBay v. MercExchange to assess the propriety of injunctive relief to trademark cases.

This argument brought to you by the final day of class.

Full post as published by 43(B)log on April 24, 2008 (boomark / email).