The likelihood of confusion standard defines the scope of trademark infringement. Likelihood of confusion examines whether there is a substantial risk that consumers will be confused as to the source, identity, sponsorship, or origin of the defendants’ goods or services. This Article presents...

Retailers operating on marketplaces may infringe trademarks. While these retailers are liable as infringers under European Union law, the operator of the marketplace is not. The marketplaces’ obligations are limited to certain duties, such as taking down infringing offers on notice and...

Entrepreneurs and larger firms are waking up to the fact that there is a viable market for recycled, repaired, and even upcycled goods. There is also an increasing desire on the consumer end for more sustainable products as well as measures to reduce landfill and other product disposal harms to...

As of 2016, 80% of the products sold in Nigeria were counterfeits and as of today, it is quite doubtful that the percentage of counterfeit and illegal goods in circulation has decreased below 50%. According to a report from Frontier Economics in 2017, which was based on an earlier report of 2016...

Right before the COVID-19 lockdown in Cebu City, a heated local debate erupted over social media about the ownership of the term ‘tuslob buwa’ (which literally means ‘dip in bubbles’ in English). This is a colloquial term used to describe a specific Cebuano street food involving pork...

This article discloses and describes a new research dataset representing the Canadian Intellectual Property Office’s historical archive of trademark applications. This individual-application-level dataset includes all applications since approximately 1980, and many preserved applications and...

How might improvements in artificial intelligence (AI) technology affect trademark doctrine? This Article approaches the question by imagining trademark law in a world in which we can fully outsource our purchasing decisions to AIs that satisfy our preferences better than we can. Leaving aside...

This paper explores the extent to which discrimination against foreign applicants in the trademark registration process can be used as a "behind-the-border" barrier to imports. Prima-facie evidence shows that in some developing countries the ratio of trademark registration to applications is...