The Supreme Court’s continued trend of refining trademark rights combined with a new concern for free speech and expression brings current and unresolved trademark issues to light. The large amount of activity in the development of trademark law in 2004 has brought additional uncertainty to trademark law. This article discusses recent Supreme Court trademark jurisprudence refining trademark rights, the development of recent trademark dilution cases, the role of use in commerce as applied to internet search engines and keyword issues, and the emphasis on free speech and expression.
Chad J. Doellinger, Recent Developments in Trademark Law: Confusion, Free Speech and the Question of Use, 4 J. Marshall Rev. Intell. Prop. L. 387 (2005)