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Recommended Reading: Ann Gilson Lelonde and Jerome Gilson, "Getting Real with Nontraditional Trademarks"

In the 100th Anniversary issue of The Trademark Reporter, Ann Gilson Lelonde and Jerome Gilson bring us up to date on the law of nontraditional trademarks, in their article entitled: "Getting Real with Nontraditional Trademarks: What's Next after Red Oven Knobs, the Sound of Burning Methamphetamine, and Goats on a Grass Roof." [pdf here].The authors "recap and update" their 2005 article on the subject and "take a fresh look at the issues inherent in enforcing nontraditional marks." They emphasize that" enforcement is and will continue to be an enormous challenge."The great American marketing engine has generated a torrent of nontraditional trademarks since our 2005 article on the subject. In the pantheon of sound, flavor, texture, color, scent, and product shape, these marks continue to enliven trademark law and captivate trademark lawyers...continue to full post

Full post as published by The TTABlog on February 25, 2011 (boomark / email).