The Trademark Reporter®
Global Trademark Resources

July-August, 2011 Vol. 101 No. 4 Back to TMR Main Page
The Waning Consumer Protection Rationale of Trademark Law: Overprotective Courts and the Path to Stifling Post-Sale Consumer Use

    This article proceeds in five parts. In Part II, the author discusses the consumer interests and investments in trademarks. Part II focuses in particular on social signaling and the role it has played and continues to play in broadening consumer expectations about post-sale trademark use. Part III demonstrates how trademark doctrine has drifted from consumer protection considerations, and will attempt to elucidate the cause of this shift. In Part IV, the author proposes the addition of a third party to trademark litigation to help courts ascertain current consumer expectations and effectively balance those expectations against broader, normative consumer interests.

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