Comment: Trademark Law in the Technology-Driven Global Marketplace

Robert W. Sacoff
4 YALE SYMP. L. & TECH. art. no. 8

There is a lot of action on the international trademark front—legislative, diplomatic and judicial—and much of it is directly traceable to the technology revolution. This paper will attempt to provide some perspective by reviewing the major developments in multilateral trademark treaties and international trends, as well as some cases on certain recurring issues: parallel importation; the protectability of a 3-D product design as a trademark; the role of reputation in trademark infringement; and the protection of well-known marks - all against the backdrop of whether the law is respecting or ignoring the realities of the marketplace.

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