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Online Word of Mouth and its Implications for Trademark 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

28 Pages Posted: 10 Oct 2007 Last revised: 1 Feb 2014

Eric Goldman

Santa Clara University - School of Law

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 Classification: D11, D18, D7, D83, K00, L86, L96, M30, O33, O34

Suggested Citation

Goldman, Eric, Online Word of Mouth and its Implications for Trademark 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. Available at SSRN: https://ssrn.com/abstract=1020695

Eric Goldman (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
408-554-4369 (Phone)

HOME PAGE: http://www.ericgoldman.org

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