Uli Widmaier of the Pattishall firm has written a law review article: “Use, Liability and the Structure of Trademark Law,” 33 Hofstra Law Review 603 (2005).  Based on a very cursory reading on my part, I would categorize this article as part of the (in my view justified) backlash against the excesses of the Brookfield, Promatek and Playboy/Netscape decisions, which are seen by some as over-protecting trademarks.  Hat tip to Prof. Goldman.