The Trademark Paradox

Trademark laws reduce customer confusion, prevent unfairness, and make communication between seller and buyer simple. Expanding legal protection coupled with aggressive «bullying» have restricted competition. Laws have failed to balance private interests (investments in business goodwill) with public interests (robust competition without barriers).

Trademarks play a fundamental role in our everyday lives as consumers, helping us to quickly choose the products we like and avoid those that we don't. Trademarks are also essential elements in a competitive market, allowing companies to build brand loyalty without fear of free-riding by competitors. Trademark laws thus diminish customer confusion, make «communication» between seller and buyer simple, and prevent unfairness. However, expanding legal protection, coupled with commercial «bullying», have served to restrict, rather than promote, competition. The paradox lies in how we have dealt with the conflict: in our quest to promote competition, we have failed to adequately balance private interests (e.g., protection of business goodwill) with public interests (ensuring a robust, competitive market without restraints on trade). This book examines trademarks' conflicting legal and commercial boundaries. It concludes by suggesting principles and guidelines to help resolve the imbalance.

Autorentext

Catherine M. Manley is qualified both as a U.S. attorney (California) and as a solicitor (England and Wales). She obtained her B.A. from Yale University, her J.D. from Stanford University, and her LL.M. from Philipps-Universität Marburg, and was a research assistant at the Berkman Center for Internet and Society at Harvard Law School. She has practiced in Silicon Valley, London, Frankfurt, Hamburg, and Brussels.

Inhalt
Contents: The Trademark Paradox Trademarks and their conflicting legal and commercial boundaries Trademark bullies Expanding legal rights Private interests in investments in business goodwill Public interests in robust market competition without barriers Imbalance and conflicting interests.