Fraud, trademark, and rights
November 17th, 2009 by Ron Coleman | Print
Originally posted 2007-11-09 01:37:32. Republished by Old Post Promoter
This is my main problem with current trademark law — that in transferring the customer-fraud-based right to trademark holders, the fraud basis is lost over time, as the trademark right is conceived of as a right of the trademark holder. Then it gets broadened and extended, as all IP law does, just like money is continually debased and rights are continually diluted — for example, now trademark law has the horrendous “anti-dilution” cause of action, which does not even require “consumer confusion,” which at least standard trademark infringement claims do.
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