Using the passage of the Federal Trademark Dilution Act (FTDA) as an exogenous shock to trademark protection, we find that stronger trademark protection induces firms to increase their CEO risk-taking incentives as measured by CEO portfolio vega. The effect is greater for firms facing more...

Consumers generally rely on trademarks to navigate consumption choices. Consumers use trademarks as a convenient way to decide whether to purchase products and services in adjacent markets. Part I of this Chapter explores AI’s liberating effect on bounded rationality and consumers’ need to...

The First Amendment right to free speech limits the scope of rights in trademark law. Congress and the courts have devised various defenses and common law doctrines to ensure that protected speech is exempted from trademark infringement liability. These defensive trademark doctrines, however,...

Due to the enlargement of market dimensions and increasing competition at the global level, due to significant enhancement of technology, e-commerce platforms, and comparative product analysis are just one click away, so, the market players are coming together to make their products...

May 20, 2019 witnessed the promulgation of a judgement by the United States Supreme Court which settled a circuit split created by the Court of Appeals for the First Circuit and answered a question which was the subject of quandary for the American legal fraternity for more than 35 years. A...

Federal trademark registration helps protect the hundreds of billions of dollars of brand value that trademarks can represent. Recently, interest in the failure-to-function doctrine, which prevents registration of proposed trademarks that consumers do not perceive as marks, has surged at the...

Trademark law is flawed in its approach to trademark uses in entertainment. Infringement turns on whether a consumer is likely to be confused into believing that a markholder sponsored or approved of the use. Because consumers are increasingly aware of product placement and other sponsored mark...