The Rise of Property and Decline of Equity in Trademark Law
Nies Lecture Number
This lecture focuses on the relationship between trademark and unfair competition. Specifically, this lecture discusses the way trademark law has evolved over time with respect to property concepts. There has been a lot of discussion in the literature about the ways trademark law has come to treat trademarks as property. Many scholars who have written about this “propertization” have described it as a shift from consumer to producer protection.
McKenna, Mark P., "The Rise of Property and Decline of Equity in Trademark Law" (2019). The Honorable Helen Wilson Nies Memorial Lecture. 22.