![]() ![]() Registration offers some of the most challenging puzzles in trademark law. What we haven't done is try to unite concerns over the expansion of trademark rights with concerns over the registration system and explain their relationship to each other. Trademark practitioners, meanwhile, while often quite approving of broad interpretations of trademark law, widely recognize that our trademark registration system has significant practical problems. Courts too readily find too many acts to be infringing even when they're harmless or actually useful to consumers. Trademark scholars widely agree that our current system for evaluating what rights a trademark owner should have over others' uses of their (or similar) marks is broken. ![]()
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