Article published in:Dimensions of Forensic Linguistics
Edited by John Gibbons and M. Teresa Turell
[AILA Applied Linguistics Series 5] 2008
► pp. 231–247
Trademarks and other proprietary terms
Especially in North America, trademark litigation constitutes a prominent area of applied linguistics. As legal consultants, linguists bring their professional expertise to bear upon three issues: (1) likelihood of confusion of two marks; (2) categorization of the strength of a mark with respect to its place on a continuum of semantic/pragmatic categories technically labeled “generic,” “descriptive,” “suggestive,” “fanciful,” and “arbitrary”; and (3) propriety of a mark, that is, whether it is “scandalous,” or “disparaging.” Consulting linguists typically write descriptive reports that analyze the linguistic facts underlying the issues of particular cases – sometimes in rebuttal to other linguists’ reports. Often, linguists are also called upon to give sworn testimony based upon the reports they have prepared.
Published online: 21 November 2008
Cited by 10 other publications
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