Abstract

http://ssrn.com/abstract=286373
 


 



Toward a Trademark-Based Liability System


Lynn M. LoPucki


University of California, Los Angeles (UCLA) - School of Law


UCLA Law Review, Vol. 49, No.4, 2002

Abstract:     
No general rule of law renders trademark owners liable for products sold or business conducted under the trademark. This essay proposes the adoption of such a rule. The rationale for the change is that businesses are known by their trademarks, not their entity names, in the marketplace. The vast majority of customers - both businesses and consumers - select the persons with whom they will deal, and contract with those persons, on the basis of trademarks. The entity structures of businesses (corporate groups, franchises, joint ventures, etc.) are generally invisible to customers. Yet under current law the businesses' liabilities to customers are calculated from those entity structures. The result is a failure in the market for liability: Customers lack the information they need to contract for the level of supplier financial responsibility they prefer.

The proposed rule would create no new liability, it would merely extend existing liability to trademark owners. The rule would extend liability to trademark owners for (1) defective products sold under the mark and (2) the wrongful acts of licensees that conduct businesses identified to customers by the mark. The initial assignment of liability to the trademark owner will prevent businesses from externalizing their liabilities. Trademark owners will remain free, however, to pass the liability on to their licensees by contracts requiring indemnification or insurance.

Number of Pages in PDF File: 41

JEL Classification: K00, K12, K13, K20, K22

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Date posted: October 19, 2001  

Suggested Citation

LoPucki, Lynn M., Toward a Trademark-Based Liability System. UCLA Law Review, Vol. 49, No.4, 2002. Available at SSRN: http://ssrn.com/abstract=286373 or http://dx.doi.org/10.2139/ssrn.286373

Contact Information

Lynn M. LoPucki (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
(310) 794-5722 (Phone)
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