Trademark doctrine was built for a marketplace that no longer exists, leaving practitioners to litigate modern brand disputes with outdated tools. Consumers knowingly buy look-alikes, weakening the likelihood of confusion test. Brands operate as integrated systems, not single marks. Viral harm outpaces injunctive relief.
This session equips trademark attorneys with five trends reshaping infringement, dilution, and damages cases — including a damages framework called Brand Rent, what dupe culture means for confusion analysis, and how AI is eroding distinctiveness and trade dress.