This chapter sets forth a literature review of empirical studies of trademark law, including studies of trademark registration practices, trademark distinctiveness, courts’ adjudication of the likelihood of consumer confusion and the likelihood of trademark dilution, and litigants’ and courts’ uses of survey evidence.
Semiotics is the study of signs and sign systems. While linguistics concerns itself specifically with human speech, semiotics investigates "the processes and effects of the production and reproduction, reception and circulation of meaning in all forms, used by all kinds of agent[s] of communication."
Barton Beebe and Jeanne C. Fromer
This chapter reviews empirical evidence showing that “[t]he supply of competitively effective trademarks is, in fact, exhaustible and has already reached severe levels of” trademark depletion and trademark congestion. “Trademark depletion is the process by which a decreasing number of potential trademarks remain unclaimed by any trademark owner. By contrast, trademark congestion is the process by which an already-claimed mark is claimed by an increasing number of different trademark owners.” To combat these issues, this chapter ends by offering multiple trademark law and policy reforms.