U.S. Law of Geographical Trademarks, 'Google Effects,' Historical Developments, and U.S. International Obligations

Download or read book U.S. Law of Geographical Trademarks, 'Google Effects,' Historical Developments, and U.S. International Obligations written by Marketa Trimble and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. law of geographical trademarks presents a number of challenging issues. This article argues that legal consequences should no longer depend on whether a mark refers to a geographical name that is generally known to the public, which is the current test for classifying a mark as geographical or non-geographical. The so-called “Google effects” on human memory, if they do not cause, then they at a minimum substantially contribute to a marked contraction in consumers' knowledge of geographical names, making it more and more difficult to evaluate whether a geographical term is generally known. The article proposes that the law no longer treat geographical marks as a separate category of marks and that the geographical marks-specific provisions of the Lanham Act (sections 2(e)(2) and 2(e)(3)) be eliminated. The article argues that none of the historical origins, the pre-mid-1930s trajectory of trademark law and practice in the United States, the United States' compliance with its obligations under international intellectual property (“IP”) treaties, or the current objectives of U.S. trademark law require or support the existence of the separate treatment of geographical trademarks in U.S. law.