One Chuck, Two Chuck: Analyzing Whether Federally Registered Trademarks Should be Distinguished From Unregistered, Common-Law Trademarks in the Context of <i>Converse, Inc. v. International Trade Commission</i>
McKenzie Subart
Abstract
This Comment analyzes which trademark model (the pyramid model or the box model) is a better representation and characterization of trademarks and trademark rights. Under the pyramid model, there is one trademark: both common law rights and federal registration rights attach to this single trademark. For the pyramid model, trademark rights resemble a pyramid because federal registration rights build upon the foundation created by common law rights. Common law rights and federal...
