The Problems of Trademark Depletion and Congestion: Some Possible Reforms
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Description
This chapter reviews empirical evidence showing that “[t]he supply of competitively effective trademarks is, in fact, exhaustible and has already reached severe levels of” trademark depletion and trademark congestion. “Trademark depletion is the process by which a decreasing number of potential trademarks remain unclaimed by any trademark owner. By contrast, trademark congestion is the process by which an already-claimed mark is claimed by an increasing number of different trademark owners.” To combat these issues, this chapter ends by offering multiple trademark law and policy reforms.
Source Publication
Research Handbook on Trademark Law Reform
Source Editors/Authors
Graeme B. Dinwoodie, Mark D. Janis
Publication Date
2021
Recommended Citation
Beebe, Barton C. and Fromer, Jeanne C., "The Problems of Trademark Depletion and Congestion: Some Possible Reforms" (2021). Faculty Chapters. 231.
https://gretchen.law.nyu.edu/fac-chapt/231
