Trademark Related Articles:

2L, Intellectual Property

Goals of trademark law:

1. Prevent misappropriation of goodwill
2. Prevent consumer deception or fraud

No intent required in trademark infringement, but "bad faith" can nevertheless be a factor.

Four types of trademarks:

1. Fanciful: made-up (like "Kodak")
2. Arbitrary: the meaning is not related to the product
3. Suggestive: name suggests but does not describe ("Tide," "Roach Motel")
4. Descriptive: can only be trademarked if the mark acquires "secondary meaning"
   • generally requires showing 5 years of uninterrupted use