Abstract
The Utah Trademark Protection Act places an undue burden on interstate commerce and the courts should find it unconstitutional under the dormant Commerce Clause using the Pike balancing test. Apart from the constitutional problems, the Act is bad policy for Utah businesses and Utah consumers. Although the unpredictability that currently exists in the courts makes it difficult for Internet advertisers and advertising sellers to mitigate risks and set efficient policy, these risks are far outweighed by costs to consumers and business. The Act sacrifices fair use, comparative advertising, and noncommercial use to gain certainty. These trademark functions are more important than the additional protections afforded mark holders under the law, protections that go too far and encourage anticonsumer policy rather than furthering the competitive environment trademark policy seeks to create.
Recommended Citation
Nelson, Matthew
(2007)
"Utah's Trademark Protection Act: OverReaching Unconstitutional Protectionism or Decisive Clarifying Legislation?,"
Utah Law Review: Vol. 2007:
No.
4, Article 6.
Available at:
https://dc.law.utah.edu/ulr/vol2007/iss4/6