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Recent reading: Trade Marks and Brands: An Interdisciplinary Critique

By Rebecca Tushnet

Editors: Lionel Bently, Jennifer Davis, and Jane C. Ginsburg. This 2008 European-tilting collection makes a good complement to Graeme Dinwoodie & Mark Janis's Trademark Law and Theory: A Handbook of Contemporary Research (in which I have a chapter). It features some helpful UK history as well as debates over the role of linguistics, marketing, sociology, law & economics, philosophy, and anthropology in trademark law, and a final bit on GIs. As you'd expect, dilution is a heavy hitter here; while almost every contributor in the theory sections takes trademark confusion as a fairly easy concept to justify (Mark McKenna would have something to say about that as to noncompeting goods), almost every one also feels that it's important to take a position on whether, or how, dilution is to be justified, either with theories of branding or theories of protection from forced expression.

Full post as published by 43(B)log on July 23, 2009 (boomark / email).