ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

Sunday, May 29, 2005

Trademarks and the constitution

We don't know much about about intellectual property law, but we wonder how Lisa Ramsey's bosses at the University of San Diego School of Law feel about her new paper, Descriptive Trademarks and the First Amendment.  In it, she argues that descriptive trademarks should not be federally protected; that only marks that are fanciful, arbitrary, or suggestive pass muster under the constitution.

What's interesting is that "University of San Diego School of Law" seems to be a quintessential descriptive trademark.

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