Is It Time To Revisit Trademark Misuse?
In the recent cases of Georgia-Pacific Consumer Products, L.P. v. Von Drehle Corporation and Georgia-Pacific Consumer Products, L.P. v. Myers Supply, Inc. , Georgia-Pacific tried to use its trademarks to establish a tying relationship between its paper towels and its paper towel dispensers. These cases will be reviewed by, first, posing a hypothetical situation, and then giving the reader a review of trademark basics, the doctrine of contributory trademark infringement, antitrust considerations, and IP misuse. The article then offers a revised trademark misuse test, and relooks at the Georgia-Pacific cases using this revised trademark misuse test.
Scott H. Brown. 2011. "Is It Time To Revisit Trademark Misuse?" ExpressO
Available at: http://works.bepress.com/scott_brown/1