Abstract

 
 
 When I became aware of the emergent body of legal scholarship on menstruation related topics on which this Symposium builds, I thought that the authors of these articles were very brave.1 I’m an imperfect but life-long feminist and accepted the emotional challenge that writing this Essay posed for me out of gratitude to those authors. Because my principal scholarly focus is intellectual property law, I approached the topic through the lens of trademark law. Part One of this article positions this Essay firmly within the contours of the author’s life and personal experiences with menstruation. Part Two maps common trademark and branding practices related to tampons and sanitary napkins. Part Three explains that the Lanham Act does not offer legal mechanisms by which to challenge the federal registration of sexist trademarks. As with racist trademarks, amplified criticism and persistent public pressure are the main mechanisms available to foment positive change in the marketplace for feminine hygiene products.
 
 
Highlights
When I became aware of the emergent body of legal scholarship on menstruation related topics on which this Symposium builds, I thought that the authors of these articles were very brave.[1]
Part Three explains that the Lanham Act does not offer legal mechanisms by which to challenge the federal registration of sexist trademarks
Common trademark and branding practices related to tampons and sanitary napkins treat having one’s period as a problem that requires science, discretion, and a wide variety of products to address
Summary
When I became aware of the emergent body of legal scholarship on menstruation related topics on which this Symposium builds, I thought that the authors of these articles were very brave.[1]. I am far from alone in this.[14] A few years ago, the prestigious science publication Nature contained an article entitled: “Fighting the menstruation taboo in the field” in which field researchers discussed the challenges of menstruating in geographically remote areas.[15] These challenges were primarily caused by a lack of privacy and “a macho culture in the field that might not consider coping with menstruation sufficiently ‘tough.’”16 The article was intended to “help to raise awareness that periods shouldn’t be a taboo topic,” and to reduce the stigma so that people could feel more comfortable discussing menstruation.[17] One interested observer noted: How American woman manage and approach menstruation is called the “modern period,” according to historian Lara Freidenfelds She explains the concept in her 2009 book, “The Modern Period: Menstruation in Twentieth-Century America.”. Thanks to almost universal patriarchy, menstruation is associated with impurity among most of the world’s religions and cultures.[21]
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