ROCK, PAPER, SCISSORS, TRADEMARK? A Comparative Analysis of Motion as a Feature of Trademarks in the United States and Europe

Authors

• Lesley Matty, Benjamin N. Cardozo School of Law

Abstract

Motion trademarks, or motion marks, represent a unique form of nontraditional trademarks that use movement to distinguish goods and services. Despite their recognition in the U.S. and Europe, motion marks face significant challenges in registration and enforcement due to limited case law and unclear protection standards. This note explores the legal and practical complexities surrounding motion marks, advocating for improved registration processes and alternative legal strategies, such as dilution claims, to enhance their protection.

Disciplines

Comparative and Foreign Law | Intellectual Property Law | Law

Recommended Citation

Lesley Matty, ROCK, PAPER, SCISSORS, TRADEMARK? A Comparative Analysis of Motion as a Feature of Trademarks in the United States and Europe, 14 Cardozo J. Int'l & Comp. L. 557 (2006).
Available at: https://larc.cardozo.yu.edu/cjicl/vol14/iss2/8