4 ms·
I agree it’s not black and white. I think trademarks are important to protect consumers and legitimate businesses of all sizes - if Bob’s Burger’s builds up a r
by opportune 3y ago
I agree it’s not black and white. I think trademarks are important to protect consumers and legitimate businesses of all sizes - if Bob’s Burger’s builds up a reputation in Fooville, someone shouldn’t be able to completely copy their name+menu+corporate facade and open a shop right across the street. I also think that expensive fda trials need to be incentivized by a temporary monopoly (or some other payout) at the end, and you shouldn’t be able to inject some noise to be able to claim your rip of a just-released, expensive to produce show is something else. So the 3 forms of IP I take issue with all have legitimate applications in my eyes, and it’s ultimately going to require inherently flawed human judgment to tell when they’re infringed.
That said, I can easily point to bad outcomes that need to be handled better (mostly related to abusing litigation of IP), and I also think we can do better than the current pattern of securitizing the commons with low payment back to the commons. We’re incentivizing much more than what we’re actually attempting to incentivize with our IP system.
- denton-scratch 3y ago> I think trademarks are important to protect consumers I agree. But did you see that the loser in the Wagatha Christie lawsuit has now trademarked the term "Wagatha Christie", even though she didn't coin the phrase? You get a trademark to prevent "passing off" - other people making a product like yours, and using your marque to deceive consumers. When you register a trademark, you specify what classes of products you are asking protection for. Have a look at the list of goods and services Vardy claims protection for: https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003895558 https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00... It lists hundreds of product categories that Vardy is never going to make or sell, where the risk of consumer confusion is zero.