PODCAST: Distinctiveness in Trademark and Trade Dress Law

[powerpress: http://gsbm-med.pepperdine.edu/gbr/audio/winter2011/Podcasts/Scalise interview-podcast.mp3]

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What is the “spectrum of distinctiveness” and how far do legal protections extend for a company’s branding elements?

What is “genericide?”

How do company’s avoid their product/service name becoming generic, and how can a brand avoid the fate of “Kleenex,” and “Cola?”

David Scalise, JD
David Scalise, JD

David Scalise, JD is the co-author along with Alexa Koenig, JD, MA and Brandon Carr, of a three-part series on trademark and trade dress law for the Graziadio Business Review. In this podcast interview, he discusses how critical trademarks and trade dress are to a company’s success, and the research he has done on how various companies have maintained legal protections for them. This research serves as the basis for his article, “The Quest for Distinctiveness in Trademark and Trade Dress Law: What it Means and How to Get It.”

Click here to read the full-length article in the Graziadio Business Review.


David Scalise, JD, is a tenured full professor at the University of San Francisco where he has taught more than 25 different courses in business, mathematics, logic, and law at the undergraduate and graduate level; received several university and college teaching awards; written more than 45 articles appearing in numerous domestic and international academic journals; originated more than 100 presentations, and created 150 voice tracks, podcasts, and educational films. His current research interests include trade mark, trade dress, contracts, and mediation.

Author of the article
Graziadio Business Review
Graziadio Business Review is an online journal that delivers relevant business information and analysis for business, government, and non-profit managers. From accounting and finance to ethics and work/life balance, the Graziadio Business Review extends current business debates in new directions that you can use to advance your business and professional career.
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