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http://ssrn.com/abstract=1585327
 
 

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A Brand Theory of Trademark Law


Deven R. Desai


Thomas Jefferson School of Law

April 6, 2010

Florida Law Review, Vol. 64, No. 4, p. 981, 2012
Thomas Jefferson School of Law Research Paper No. 1585327

Abstract:     
Trademark law is incoherent, and it fails to manage all the interests at stake in the modern business environment. This failure flows from a core misunderstanding. Trademark law has not grasped that is managing brands, not trademarks. In this article, Professor Deven Desai develops a new theory of trademarks which provides trademark law with a way out of its current confusion. Professor Desai argues that trademark law really protects brands and must fully embrace this fact. He demonstrates how his brand theory of trademark law will avoid the incoherence and problems from which trademark currently suffers and offers a framework to understand the purpose, function, and scope of trademark law.

Published version, titled 'From Trademarks to Brands', Florida Law Review, Vol. 64, No. 4, pp. 981-1044, 2012.

Number of Pages in PDF File: 60

Keywords: Trademark, Brands, Confusion, Law and Economics, Marketing

JEL Classification: B20, D80, D82, D83, K00, K10, K19, K20, L10, L14, L20, L21, L11, L12, L40, L41, L42, M3, M30, M31

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Date posted: April 6, 2010 ; Last revised: October 8, 2013

Suggested Citation

Desai, Deven R., A Brand Theory of Trademark Law (April 6, 2010). Florida Law Review, Vol. 64, No. 4, p. 981, 2012; Thomas Jefferson School of Law Research Paper No. 1585327. Available at SSRN: http://ssrn.com/abstract=1585327 or http://dx.doi.org/10.2139/ssrn.1585327

Contact Information

Deven R. Desai (Contact Author)
Thomas Jefferson School of Law ( email )
2121 San Diego Ave.
San Diego, CA 92110
United States
619-691-4243 (Phone)
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