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A High Likelihood of Confusion

其他書名	Wal-mart, TrafFix, Moseley, and Dastar - The Supreme Court's New Trademark Jurisprudence
出版	SSRN, 2010
URL	http://books.google.com.hk/books?id=60HfzwEACAAJ&hl=&source=gbs_api

註釋This article analyzes the Supreme Court's decisions in Wal-Mart Stores, Inc. v. Samara Bros., Inc., TrafFix Devices, Inc. v. Mktg. Displays, Inc., Moseley v. V Secret Catalogue, Inc., and Dastar Corp. v. Twentieth Century Fox Film Corp. in relation to their impact on trademark law. While each arose in very different contexts, the entirety of the case law indicates a significant reversal of the previous expansion of the nature and scope of the federal trademark protection. The article argues that the Court is moving toward consumer-related concerns as opposed to protecting property rights. The Court appears to be particularly concerned with marking and respecting the boundaries separating copyright, patent, and trademark law.