An Economic Approach to Trademark Genericism

Burgunder, Lee B.

doi:10.1111/j.1744-1714.1985.tb00480.x

Cited by 9 publications

(2 citation statements)

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“…The Lanham Act of 1946 was passed to protect originating firms from this type of harm from imitators (Burgunder 1985). Under this act, hundreds of trademark infringement cases have been litigated in recent years (Fletcher and Wald 1987;Leeds and St. Landau 1987).…”

mentioning

confidence: 99%

An Investigation of Factors Contributing to Consumer Brand Confusion

Foxman

Muehling

Berger

1990

Journal of Consumer Affairs

109

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The courts regularly address the question of whether an imitating mark or product is likely to confuse consumers and thus harm the owner of the mark. Consumers, however, can also be harmed by brand confusion. The results of this study reveal whether individual characteristics might predispose consumers to confusion and why some consumers appear more likely to become confused than others. A better understanding of why they may become confused can help both firms and overseer bodies, like the FTC, formulate more focused policies to help prevent this harm.

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mentioning

confidence: 99%

An Investigation of Factors Contributing to Consumer Brand Confusion

Foxman

Muehling

Berger

1990

Journal of Consumer Affairs

109

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“…Attempts to harmonise IPR law commenced in 1883 with the Paris Convention. Early attempts were unsuccessful and shunned by the major powers (Burgunder, 1985). TRIPS marked a turning point in IPR and is the most cohesive attempt to date to globalise IPR (Maskus, 2000).…”

Section: International Ipr Lawmentioning

confidence: 99%

Trademarks or trade barriers?

Ismail

Fakir

2004

International Journal of Social Economics

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The commercial value of Africa's indigenous knowledge may potentially jumpstart development if the returns are shared with its African owners. The internationalisation of an intellectual property regime appears to be facilitating the appropriation of indigenous knowledge and products from developing countries by multinational corporations. Indigenous knowledge is removed from the communal domain and converted to foreign-owned private property, effectively depriving developing countries of the commercialisation value of their heritage via exports and value-added processing. The lopsided benefits of IPR protection are exemplified in the case of the US-owned trademark on South Africa's indigenous Rooibos tea, which is becoming increasingly popular worldwide. Trademark protection may have devolved perversely into trade protectionism, thus undermining the Millennium Development Goals of market access and sustainable development. A revision of IPR's and TRIPS to incorporate recognition and protection of indigenous knowledge is necessary to foster development.

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The Public Domain Is Under Pressure – Why We Should Not Rely on Empirical Data When Assessing Trademark Distinctiveness

Anemaet

2016

IIC

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An Economic Approach to Trademark Genericism

Cited by 9 publications

References 0 publications

An Investigation of Factors Contributing to Consumer Brand Confusion

An Investigation of Factors Contributing to Consumer Brand Confusion

Trademarks or trade barriers?

The Public Domain Is Under Pressure – Why We Should Not Rely on Empirical Data When Assessing Trademark Distinctiveness

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