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Intellectual Property Law

: The TTABlog

Serge Krimnus, "The Doctrine of Foreign Equivalents at Death's Door"

Serge Krimnus, Adjunct Assistant Professor of Law at Brooklyn Law School, tries to make some sense of the doctrine of foreign equivalents in his recent article, "The Doctrine of Foreign Equivalents at Death's Door," North Carolina Journal of Law & Technology, Vol. 12, Issue 1: Fall 2010. He concludes that it should be abolished.ABSTRACT: The Federal Circuit, the Patent Office, and several regional circuits apply the trademark law doctrine of foreign equivalents. Under the doctrine, marks in foreign languages are translated into English and tested for the statutory bars to registration, instead of being tested in their original form. The doctrine is applied even in cases where only a negligible percentage of the purchasing public would be able to translate the foreign mark...continue to full post

Full post as published by The TTABlog on January 07, 2011 (boomark / email).

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