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Volume19
Year2010
TitleTrademark Terms Under the Lanham Act and State Law
Author(s)Joe Cole
First Page70
AbstractMy project is to explain the main differences among the definitions given to "marks" in the Lanham Act, the contemporary common law as represented by the Restatement of Unfair Competition, and California's Model State Trademark Law (MSTL). For convenience I have included, as an Appendix, the definitions from these three texts with which I will be working. Registration of marks, of course, if foreign to the common law. On the hypothesis that any significant differences between the common law and the statutes' definitions will relate to the registration systems of the statutes, I will begin by discussing differences between the Lanham Act and the MSTL.