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6 - Disputes over Reference and Unique Identification

Published online by Cambridge University Press:  13 March 2026

John A. Hawkins
Affiliation:
University of California, Davis and University of Cambridge
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Summary

Chapter 6 discusses the distinction between sense and reference. The sense of a term is its general meaning as captured in the semantic properties of its dictionary definitions. This is what underlies generic and descriptive terms in trademark law. Unique identification of one particular entity requires some special and different “mapping” between language and the world: an “arbitrary” or “fanciful” link between e.g. APPLE and KODAK and their respective companies; a “suggestive” extension of ROACH MOTEL to its producer; or a “secondary meaning” for an otherwise descriptive term. The chapter argues, on the basis of grammatical and corpus evidence, that POST OFFICE is a generic term and not a source identifier for the US Postal Service. It analyses a set of trademarks involving ELASTIC, which are shown to make a clear and unique identification of the source company in question. Finally the difference between “referential” and “attributive” uses of definite descriptions is exemplified for THE POLICE in a dispute over who exactly was being accused of a certain crime.

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