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[7WashJLTech&Arts467] Chief Judge Rader's Material Contribution to Geographic Indicator Analysis

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dc.contributor.author Naeve, Signe H
dc.date.accessioned 2012-06-04T16:42:31Z
dc.date.available 2012-06-04T16:42:31Z
dc.date.issued 2012-06
dc.identifier.citation 7 Wash.J.L. Tech & Arts 467 (2012) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/1131
dc.description vol.7 no.4, Spring 2012 Symposium: Chief Judge Randall R. Rader's Contribution to U.S. and Global Intellectual Property Law and Practice en_US
dc.description.abstract Signe H. Naeve is the Associate Director of the Law, Technology & Arts Group at the University of Washington School of Law. Abstract: Geographic indicators—trademarks that use a place name to indicate goods or services—are now theoretically easier to register, even if the good or service does not actually come from that place. This shift is a result of three cases, two authored by Chief Judge Randall R. Rader of the Federal Circuit Court of Appeals (California Innovations and Les Halles), and one where he served on the panel (Spirits International). These cases made it more difficult for a trademark examiner to reject an application for a primarily geographically deceptively misdescriptive mark by adding a materiality requirement. However, raising the bar was not the intent of the North America Free Trade Agreement (NAFTA) amendments, the subject of interpretation in the case trio. This Article tracks the significant change in the analysis of geographic indicators, ultimately arguing that the Federal Circuit should take guidance from its earlier opinions, In re Wada and Save Venice, and be willing to infer materiality when a location is known for a particular good or service. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Intellectual Property en_US
dc.subject Chief Judge Rader's Contribution to Intellectual Property Law and Practice en_US
dc.title [7WashJLTech&Arts467] Chief Judge Rader's Material Contribution to Geographic Indicator Analysis en_US
dc.type Article en_US
dc.rights.holder Copyright Signe H. Naeve en_US

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