CONFUSION OVER USE: CONTEXTUALISM IN TRADEMARK LAW

In Confusion over Use: Contextualism in Trademark Law, Chicago-Kent College of Law Professor Graeme B. Dinwoodie and University of Iowa College of Law Professor Mark D. Janis argue that trademark-use theory, which focuses on the nature of an alleged infringer’s use instead of the likelihood for consumer confusion, is flawed and should be rejected. In a companion Article, Grounding Trademark Law Through Trademark Use, Professor Stacey L. Dogan of Northeastern University School of Law and Professor Mark A. Lemley of Stanford Law School respond to Dinwoodie and Janis’s argument, arguing that trademark-use theory provides a historically accurate explanation of the law and is necessary to maintain the law’s integrity.

The full version of the articles can be found on Westlaw:

• Graeme B. Dinwoodie & Mark D. Janis, Confusion Over Use: Contextualism in Trademark Law, 92 IOWA L. REV. 1597 (2007).
• Stacey L. Dogan & Mark A. Lemley, Grounding Trademark Law Through Trademark Use, 92 IOWA L. REV. 1669 (2007).