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Trademarks are supposed to be consumer protection regulation. They aren't there to protect the corporations. If I make some brown goo and call it "Pepsi" then P
by perbu 4y ago
Trademarks are supposed to be consumer protection regulation. They aren't there to protect the corporations. If I make some brown goo and call it "Pepsi" then Pepsico can sue me because I confuse their customers and not because this will cause losses for Pepsico.
At least, this was the original intention. In today's more corporation-friendly world, more emphasis is being put on the corporations interests unfortunately.
- alisonkisk 4y ago
- r_hoods_ghost 4y agoCitation? Genuinely never heard this argument before.
- technothrasher 4y agoThat's because it isn't true. Trademarks since ancient Egypt have simply been a way to specify origin of a product. Laws regulating trademark are an attempt to stop consumer confusion, either by accident or through fraud, but have always been written with the interests of the producer in mind, not the consumer.
- aaaaaaaaata 4y agoDoes this mean we can never rebase toward the consumer again?
- Anon1096 4y agoThis is a reddit-type urban legend that has no basis in reality.
- juunpp 4y agoIndeed inaccurate. https://www.uspto.gov/trademarks/basics/what-trademark https://www.uspto.gov/trademarks/basics/what-trademark
- perbu 4y agoIn the 1995 case of Qualitex Co. v. Jacobson Products Co., the Supreme Court described trademark law as "preventing others from copying a source-identifying mark" and assisting the customer in making purchasing decisions.