Download This PaperOnline 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
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
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