Abstract

http://ssrn.com/abstract=2049871
 
 

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The Scope of Trademark Law in the Age of the Brand Persona


Laura A. Heymann


College of William & Mary - Marshall-Wythe School of Law

May 2, 2012

Virginia Law Review In Brief, Forthcoming
William & Mary Law School Research Paper No. 09-212

Abstract:     
This response to Mark P. McKenna's A Consumer Decision-Making Theory of Trademark Law, 98 Va. L. Rev. 67 (2012), applauds Prof. McKenna for arguing in favor of more rigorous evidentiary constraints on the scope of trademark law but cautions against restricting that scope too greatly. When brands are commonly described as having personalities, and marketers have long talked about brands in anthropological terms, we should not be surprised when both brand owners and consumers see brands as capable of suffering reputational injuries. Prof. McKenna's article appears to favor excluding such harms altogether from unfair competition law; I am not so sure. Regardless, Prof. McKenna's thoughtful attention to some of our accepted trademark discourse provides an opportunity for trademark scholarship to ask additional questions about trademark law's scope in the age of the brand persona and about how we might best reconcile the interests of producers and consumers.

Number of Pages in PDF File: 11

Keywords: trademark, reputation, brands, dilution, infringement, persona

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Date posted: May 3, 2012 ; Last revised: May 4, 2012

Suggested Citation

Heymann, Laura A., The Scope of Trademark Law in the Age of the Brand Persona (May 2, 2012). Virginia Law Review In Brief, Forthcoming; William & Mary Law School Research Paper No. 09-212. Available at SSRN: http://ssrn.com/abstract=2049871

Contact Information

Laura A. Heymann (Contact Author)
College of William & Mary - Marshall-Wythe School of Law ( email )
613 South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
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