Private Law Theory

Dev Saif Gangjee, ‘Trade Marks and Innovation?’, in Trademark Law and Theory II: Reform of Trademark Law (Edward Elgar) (forthcoming), available at SSRN. In his soon-to-be-published chapter ‘Trade Marks and Innovation?’, Dev Gangjee brings needed critical analysis to a growing body of recent research that focuses on the relationship between trademarks and innovation. As Gangjee notes, the claims of this research challenge traditional understandings about trademark law. The ‘stable consensus’, Gangjee describes, has been that ‘trade mark law had nothing to do with innovation, the “ordinary trade mark [having] no necessary relation to invention or discovery”’. But what if it does? … (more)

[Mark McKenna, JOTWELL, 30 November]

First posted 2020-11-20 17:39:20