doi: 10.5195/tlp.2011.60

Is It Time to Revisit Trademark Misuse?

Scott H. Brown

Abstract


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. This article reviews these cases by 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.


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