Thursday, July 10, 2008

The reasonable person in trademark law

The piece TEACHING INTELLECTURAL PROPERTY LAW: ARTICLE: THE REASONABLE PERSON IN TRADEMARK LAW by LAURA A. HEYMANN [52 St. Louis L.J. 781 (2008)] mentions LBE:

n50. There are other ways in which to compare, for example, two colors. See Lawrence B. Ebert, Trademark Protection in Color: Do It by the Numbers!, 84 Trademark Rep. 379, 404-05 (1994) (proposing use of scientific method of color comparison in trademark infringement cases).

[LBE's TMR article was cited by the Supreme Court in Qualitex.]

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