A Questionable Categorization — Trademark's Struggle to Protect Tribal Cultural Property

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Overview

Publication
Marquette Intellectual Property & Innovation Law Review
Winter 2024

"Trademarks and Native American tribes have received substantial media attention over the last few years as major sports teams with derogatory and offensive names and mascots have taken steps towards pursuing more culturally appropriate brands." In Emilie Rohde's article, "A Questionable Categorization — Trademark's Struggle to Protect Tribal Cultural Property," published by the Marquette Intellectual Property & Innovation Law Review, she goes into detail on differentiating between cultural and intellectual property, trademark protections, the Tribal Insignia Database, and more.

In the article, Emilie concludes that the Tribal Insignia Database serves as more of a bandage than a cure, but that it will help in fostering future developments in the hopes of providing tribal and indigenous communities with adequate protections of their cultural property and identities.

You can read Emilie's full article in the Winter, 2024 edition of the Marquette Intellectual Property & Innovation Law Review.

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