Jeanne Fromer and Mark McKenna, ‘Amazon’s Quiet Overhaul of the Trademark System’, 113 California Law Review (forthcoming, 2025), available at SSRN (19 June 2024). ‘Yes! that’s it! that’s it!’ Those were my words when I first saw the title of Jeanne Fromer and Mark McKenna’s paper, ‘Amazon’s Quiet Overhaul of the Trademark System’. I was sure that they had identified the culprit behind the seismic shifts in trademark law that I had sensed were taking place over the past several years. I was thrilled that they were going to put together the pieces, some of which I had personally encountered, of a bizarre and important puzzle. They did not disappoint. Trademarks ostensibly exist to reduce consumer search costs and protect the goodwill brand owners generate in their source-identifying marks (as associated with particular goods or services) … (more)
[Margo Bagley, JOTWELL, 29 October 2024]
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