Towards Symmetry in the Law of Branding

13 Pages Posted: 25 Oct 2011

Date Written: 2011


Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.

Keywords: trademark, branding, advertising

JEL Classification: K00, K39, K19, K29

Suggested Citation

Tushnet, Rebecca, Towards Symmetry in the Law of Branding (2011). Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 21, pp. 971-982, 2011; Georgetown Law and Economics Research Paper No. 11-26. Available at SSRN:

Rebecca Tushnet (Contact Author)

Harvard Law School ( email )

Cambridge, MA
United States

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