This comment identifies circumstances in which courts have permitted the unauthorized use of anothers' trademark where the use was outside the exceptions enumerated in the Lanham Act. The author ascertains underlying policy interests being protected and unifying principles in each defense, then sets forth the elements necessary to raise these defenses to claims of trademark infringement and unfair competition.
College of Law
Northern Illinois University Law Review
"Judicially Created Defenses to the Unauthorized Use of Trademarks,"
Northern Illinois University Law Review: Vol. 2:
1, Article 5.
Jonathan Binnie, Comment, Judicially Created Defenses to the Unauthorized Use of Trademarks, 2 N. Ill. U. L. Rev. 87 (1981).