Authors

Stephanie H. Soh

When All Else Fails: The Doctrine of Foreign Equivalents as a Bar to Cultural Misappropriation

Abstract

This Note argues that under trademark law, the doctrine of foreign equivalents can be utilized to prevent some aspects of legally enforced cultural misappropriation. While it would be impossible to solve cultural misappropriation in one written piece, this Note proposes that the doctrine can serve to prevent applicants from obtaining trademark protections for certain foreign words.

Part I of this Note provides background on cultural misappropriation and the doctrine of foreign equivalents. Part II argues why the doctrine of foreign equivalents is poised to solve some of the harms of cultural misappropriation both in its structure and purpose. Part III proposes changes to the application of the doctrine that will aid not only in its consistency but also in its prevention of cultural misappropriation. Finally, Part IV discusses potential challenges and limitations to this proposed structure.

This abstract was taken from the author's introduction.

Repository Citation

Stephanie H. Soh, When All Else Fails: The Doctrine of Foreign Equivalents as a Bar to Cultural Misappropriation, 65 Wm. & Mary L. Rev. 977 (2024), https://scholarship.law.wm.edu/wmlr/vol65/iss4/7