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Online Word of Mouth and its Implications for Trademark Law
Eric Goldman Santa Clara University - School of Law Santa Clara Univ. Legal Studies Research Paper No. 07-46 TRADEMARK LAW AND THEORY: A HANDBOOK OF CONTEMPORARY RESEARCH, Graeme B. Dinwoodie and Mark D. Janis, eds., Edward Elgar Press, 2007 Abstract: This Chapter discusses the emergence of online word of mouth, the process by which consumers disseminate their views about marketplace goods and services. Due to online word of mouth, consumers have an unprecedented ability to influence the brand perceptions of other consumers. Unfortunately, these effects have put doctrinal pressure on trademark law, leading to judicial interpretations that inhibit the flow of online word of mouth and may damage the efficacy of marketplace mechanisms. This Chapter will explore how trademark law should be interpreted to preserve the flow of socially beneficial online word of mouth.
Keywords: trademark, word of mouth, griper, gripe site, use in commerce, consumer opinions JEL Classifications: D11, D18, D7, D83, K00, L86, L96, M30, O33, O34 Accepted Paper SeriesDate posted: October 10, 2007 ; Last revised: May 31, 2009Suggested CitationContact Information
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