Private Law Theory

“Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to trademark owners. Meanwhile, the law of standing has contracted to reject claims by plaintiffs whose injuries are not concrete. This Note argues that under current Article III scrutiny, these trademark claims of abstract harm should not survive. Taken seriously, standing doctrine should limit the excesses of trademark law by imposing the harm requirement that trademark needs and lacks …” (more)

[135 Harvard Law Review 667, 10 December]

First posted 2021-12-11 13:10:07