You Know What It Is: Taco Tuesday and the Failure-to-Function Doctrine In Trademark Law

The foundational requirement that a trademark function as a trademark has received little attention in the case law. More recently, however, there has been an apparent uptick in scrutiny of trademark use by the USPTO and TTAB, as well as fresh academic attention paid to the issue.

11 minute read March 01, 2020 at 12:07 AM
By
Brandon Leahy
You Know What It Is: Taco Tuesday and the Failure-to-Function Doctrine In Trademark Law

In LeBron James' house, Tuesday nights mean one thing: Tacos. In a series of Instagram posts last year, the NBA superstar gleefully announced to his 50-plus million followers that he and his family were enjoying the tradition of eating tacos on Tuesday.

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