juin 09 2025

Lost in Translation: The Doctrine of Foreign Equivalents in Trademark Law

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In this episode of The Upper Brand, Kristine Young and Rich Assmus discuss the recent Federal Circuit case regarding the doctrine of foreign equivalents in trademark law. They explore the concepts of descriptiveness and genericness, the implications of foreign language trademarks, and the legal standards applied by the Federal Circuit in its decision. The conversation highlights the importance of context in trademark registration and the burden of proof on applicants seeking to register descriptive marks with foreign meaning.

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