tag:blogger.com,1999:blog-7923005810906159036.post3373913268735326982..comments2024-03-05T15:48:10.814+00:00Comments on IP finance: Heresy Implemented? Overreaching Claims by Trademark Attorneys and the Reaction by Courts and Administrative Bodies.Anne Fairpohttp://www.blogger.com/profile/02579190868405783459noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7923005810906159036.post-72590517211261036462013-10-22T16:29:37.322+01:002013-10-22T16:29:37.322+01:00Without having read the article, I think that look...Without having read the article, I think that looking at packaging addresses only a small subset of ways in which we encounter marks and so is of limited usefulness. Of course we all say to ourselves "ah, those big fancy letters at the top of the blister pack must be the trademark," but we also need to think about it in oral environments, when in the body of text, Twitter handles, Google keywords, etc. This test overrates the distinctiveness of descriptive terms because of added information, i.e., placement, but that information simply isn't there in many encounters with a trademark. The Abercrombie spectrum has been used for 50 years and generally does the job pretty well.Anonymousnoreply@blogger.com