Section 43(A) of the Shakespeare Canon of Statutory Construction: The Beverly W. Pattishall Inaugural Lecture in Trademark Law, 1 J. Marshall Rev. Intell. Prop. L. 179 (2002)

Authors

John Paul Stevens

Abstract

Beverly Pattishall is a name that has secondary meaning for law students, for veteran trial lawyers—especially those seeking a more courteous and collegial bar—and for bar associations at the local, the national, and indeed the international level. It is fitting that a lecture series be dedicated to a quintessential “scholar and gentleman.” The Shakespeare Canon of Statutory Construction, like all of Shakespeare’s plays, contains five parts: Read the statute; read the entire statute; read the statute in its contemporary context; if necessary, consult the legislative history; and, finally, use your common sense. Section 43(a) of the Lanham Act has required judges to write a number of opinions that rely much more heavily on common sense than on the text of that statute.

Recommended Citation

John Paul Stevens, Section 43(A) of the Shakespeare Canon of Statutory Construction: The Beverly W. Pattishall Inaugural Lecture in Trademark Law, 1 J. Marshall Rev. Intell. Prop. L. 179 (2002)