Thomson Reuters (West) selected DePaul
University College of Law Associate Professor Michael Grynberg's article The Meaning of
Hana: The Promise of
Lexmark (39 Colum. J.L. &
Arts 41 (2015)) as one of the best intellectual property articles of
2015. It will be included in the 2016 edition of Thomson Reuters'
Intellectual Property Law Review.
Professor Grynberg's article analyzes
two recent Supreme Court decisions related to trademark law. Hana
Financial, Inc. v. Hana Bank raised issues regarding whether
trademark tacking and the “likelihood of confusion” question is a
matter of fact for juries or a matter of law for judges, as well as
highlighted the Lanham Act's limited defenses. In Lexmark
International, Inc. v. Static Control Components, Inc., the
United States Supreme Court clarified who has standing to sue for
false advertising. In the article, Grynberg acknowledges that this
decision could simultaneously lead to more false advertising
plaintiffs while also offering greater protections for trademark
holders.
Professor Grynberg was inspired to
write the article while preparing for an American Bar Association
panel about recent Supreme Court decisions on trademark law. During
his initial research, he discovered a depth to Hana,
particularly in relation to its connection to the Lexmark
decision, that could have
significant impact on intellectual property law decisions in the
future.
A member of
DePaul's College of Law faculty since 2012, Grynberg teaches
Cyberlaw, Property, and Trademark.