Skip to content

Menu

ChannelsPublishersSubscribe
LexBlog, Inc. logo
LexBlog, Inc. logo
ProductsSub-MenuBlogsPortalsTwentySyndicationMicrositesResource Center
Join
Search
Close
Join the Movement. Blog 4 Good

The Original Sin of Trademark Law: Failure to Function

By Foley Hoag
November 12, 2019
EmailTweetLikeLinkedIn
speakers-300x163.jpg

Last week, Foley Hoag Partner Josh Jarvis joined John Welch, Author, TTABlogger and Counsel at Wolf Greenfield & Sacks; Alexandra Roberts, Associate Professor at the University of New Hampshire Franklin Pierce School of Law; and Daniel McKinnon, Head of Global Brand Protection and Senior Counsel at New Balance, for a spirited discussion regarding “failure to function” – the threshold question of whether a purported trademark actually serves, or is capable of serving, as a source indicator.

The panel was sponsored by the Northeastern University School of Law Center for Law, Innovation and Creativity (CLIC) and the Boston Patent Law Association (BPLA), and was moderated by Professor Susan Montgomery at Northeastern University School of Law.  The panelists explored the various ways in which words and designs can be considered as failing to function as trademarks, recent USPTO trends regarding failure to function refusals, and practical takeaways and best practices for brand owners and trademark applicants.

Check out the full video embedded below or on the Northeastern University School of Law website.

Thanks to Michael Bergman, President-Elect at the BPLA, for taking the group photo above!

  • Posted in:
    Trademark
  • Blog:
    Trademark & Copyright Law
  • Organization:
    Foley Hoag LLP
  • Article: View Original Source

Stay Connected

Facebook LinkedIn Twitter RSS
Real Lawyers

Company

  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service

Products

  • Products
  • Blogs
  • Portals
  • Twenty
  • Syndication
  • Microsites

Support

  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • The HB Blog
  • The Tax Trotter
  • The Westchester Litigator
  • Data Privacy + Cybersecurity Insider
  • Law from the East to the West
Copyright © 2021, LexBlog, Inc. All Rights Reserved.
Powered By LexBlog