Author, Gilson on Trademarks


Most of these articles were written as part of a Matthew Bender/LexisNexis series that began in 1999.  Publication of those coincided with the Annual Meeting of the International Trademark Association.  Copies were distributed to attendees and mailed to subscribers of Gilson on Trademarks.

Far From Fluent: Making Sense of the Doctrine of Foreign Equivalents, reprinted at 112 TMR 771 (2022)

Giving the Wrong Impression: Section 2(a)'s False Suggestion of a Connection, reprinted at​ 110 TMR 877 (2020)

What Were They Thinking? The Role of Intent in Trademark Law (2019) (co-authored with Jerome Gilson)

A Breakout Role: Blocking Cross-Border Infringement with the Lanham Act (2018) (co-authored with Jerome Gilson)

Adios! To the Irreparable Harm Presumption in Trademark Law, reprinted at ​ 107 TMR 913 (2017) (co-authored with Jerome Gilson)

You Should Put That on a T-Shirt: The Doubtful Status of Promotional Material in Trademark Law (2016) (co-authored with Jerome Gilson)

Clearing a Path for the Unregistrables: Enforcement of Trademarks that Cannot be Registered (2015)

Proving Ownership Online . . . And Keeping It: The Internet's Impact on Trademark Use and Coexistence, reprinted at​ 104 TMR 1275​ (2014) (co-authored with Jerome Gilson)


The United States Supplemental Register:  Solace, Substance or Just Extinct?, reprinted at 103 TMR 828 (2013) (co-authored with Jerome Gilson)


You are Not Going to Believe This!  Deception, Misdescription and Materiality in Trademark Law, reprinted at 102 TMR 883 (2012)


Trademarks Laid Bare:  Marks that May Be Scandalous or Immoral, reprinted at 101 TMR 1476 (2011) (co-authored with Jerome Gilson)


Getting Real with Nontraditional Trademarks:  What's Next After Red Oven Knobs, The Sound of Burning Methamphetamine, and Goats on a Grass Roof?, 101 TMR 186 (2011) (co-authored with Jerome Gilson)


Naming Rights – and Wrongs:  A Road Map to Protecting Personal Names (2010) (co-authored with Jerome Gilson) (winner of a Burton Award for Legal Achievement)


But I'm Your Biggest Fan!  Handling Trademark Problems Posed by Fan-Created Content (2009)


Don't I Know You From Somewhere?  Protection in the United States of Foreign Trademarks That are Well Known But Not Used There, reprinted at 98 TMR 1379 (2008)


The Zombie Trademark:  A Windfall and a Pitfall, 98 TMR 1280 (2008) (co-authored with Jerome Gilson)


Can't get into the Dilution Club?  Now Would be a Good Time to Revisit Likelihood of Confusion (2007)


No More Spam Chanel, Rip-Off Rolex, Phony Ferragamo or Copied Cartier?  Anti-Counterfeiting in the Twenty-First Century (2006)

Cinnamon Buns, Marching Ducks and Cherry-Scented Racecar Exhaust:  Protecting Nontraditional Trademarks, reprinted at 95 TMR 773 (2005) (co-authored with Jerome Gilson) (winner of a Burton Award for Legal Achievement)

The Madrid Protocol:  Trademark Superhero? (2004) (co-authored with Jerome Gilson)(winner of a Burton Award for Legal Achievement)

The Madrid Protocol:  A Slumbering Giant Awakens At Last (2003) (co-authored with Jerome Gilson)


The Lanham Act:  Time for a Face Lift?, reprinted at 92 TMR 1013 (2002) (co-authored with Jerome Gilson) (winner of a Burton Award for Legal Achievement)


The Anticybersquatting Consumer Protection Act and the ICANN Domain Name Dispute Resolution Policy (2000) (co-authored with Jerome Gilson)


The Anticybersquatting Consumer Protection Act:  A Federal Musket in the Battle Against Trademark Cyberpirates (Avast, Ye Scurvy Dogs!) (2000) (co-authored with Jerome Gilson)


A Community Trade Mark Update:  The European Community Trade Mark and the Smell of Freshly Cut Grass (1999) (co-authored with Jerome Gilson)