Techdirt Podcast Episode 47: Trademarks: Intellectual Property Or Consumer Protection?
from the one-of-these-things-is-not-like-the-others dept
Trademark law often gets lumped in with patents and copyright under the "intellectual property" banner, but in fact it's a different kind of law with an entirely different heritage. That said, it's not without its dangers, so this week we're discussing the intent and extent of trademark law and its impacts both positive and negative.
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It is a speech suppression tool.
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Trademarks
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Wrong, Wrong, Wronnnnng
BUT ALL Trademarks are DEFINED by the narrow product field you persist in occupying. Stop filling that space, OR attempt to move into another field, YOU MUST TRY TO GET NEW TRADEMARK
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A painful listen
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Monster Cable
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Bait and Switch
Some folks will say all marketing is bs (even a moron in a hurry knows "buyer beware") and others will argue that a b&s might turn out to be permissible when it's, for eg, humorous baiting then softly brand switching. "Yoogle" yogurt is that transparent that it mightn't be dishonest. Not many folks right now would want Google to successfully assert brand damage from that unknown froyo shop down the street.
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