This article reviews the developments in Trademark law from September 2007 through August of 2008. The article notes that while trademark law has witnessed a significant expansion over the past decade, the relatively simple fundamentals of trademark law have been misapplied. In short, the author contends that the federal appellate courts have made several basic mistakes in recent handling of trademarks cases. The article considers a wide array of trademarks issues including: (1) distinctiveness issues; (2) false advertising; (3) infringement and unfair competition; (4) dilution and parody; (5) defenses; (6) procedural issues, including jurisdiction; (7) damages issues; as well as a number of other miscellaneous issues.
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