Is It Time to Revisit Trademark Misuse?

Authors

  • Scott H. Brown University of Houston Law Center

DOI:

https://doi.org/10.5195/tlp.2011.60

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.

Author Biography

Scott H. Brown, University of Houston Law Center

Chief Intellectual Property Counsel, Weatherford International Ltd.
Guest Lecturer

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Published

2011-04-01

How to Cite

Brown, S. H. (2011). Is It Time to Revisit Trademark Misuse?. Pittsburgh Journal of Technology Law & Policy, 11. https://doi.org/10.5195/tlp.2011.60

Issue

Vol. 11: VOLUME XI- FALL 2010/SPRING 2011

Section

Articles

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