6 Key Takeaways - Annual Review of Key Trademark & Unfair Competition Opinions

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At the recent Kilpatrick Townsend annual Trademark Seminar, Ted Davis discussed recent Supreme Court activity in cases bearing on trademark rights, including the Court’s opinions on the availability of accountings of defendants’ profits and the protectability of so-called “generic.com” marks. Other topics included the lawfulness of marks used in connection with cannabis-related products, the relationship between trademark law and the First Amendment, differences in the federal circuits as to the proper definition of functionality, and the effect of the COVID-19 pandemic on the likelihood-of-confusion inquiry.

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