Trademark Law: An Economic Perspective

Landes, William M.; Posner, Richard A.

doi:10.1086/467138

Cited by 374 publications

(202 citation statements)

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“…A trademark "is a word, symbol, or other signifier used to distinguish a good or service produced by one firm from the goods or services of other firms" (Landes and Posner, 1987). Trademarks therefore help firms to differentiate their products, creating market niches and inducing customer loyalty.…”

Section: H4: If a Constitution Explicitly Mentions Environmental Concmentioning

confidence: 99%

De Jure Determinants of New Firm Formation: How the Pillars of Constitutions Influence Entrepreneurship

Carbonara

Santarelli

2015

SSRN Journal

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This paper provides empirical evidence supporting the view that constitutions may influence the organization of economic activities. Dealing with the issue of the institutional determinants of entrepreneurship, it shows that some of the provisions contained in national constitutions are positively and significantly associated to a standard measure of entrepreneurial dynamics, namely the rate of new business density. Using a novel dataset containing the characteristics of the constitutions enacted in the world and a sample of 115 countries, the paper finds that provisions about the right to conduct/establish a business, the right to strike, consumer protection, protection of trademarks, and education promote higher rates of new firm formation.

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Section: H4: If a Constitution Explicitly Mentions Environmental Concmentioning

confidence: 99%

De Jure Determinants of New Firm Formation: How the Pillars of Constitutions Influence Entrepreneurship

Carbonara

Santarelli

2015

SSRN Journal

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“…The information role of trademarks allows rms to build reputation for reliability and a certain consistent quality (Economides, 1998;Landes and Posner, 1987). The consistent quality is not to be confused with high quality.…”

Section: The Role Of Trademarksmentioning

confidence: 99%

Which Firms Use Trademarks And Why? Representative Firm-Level Evidence from Germany

Crass

2014

SSRN Journal

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Die Dis cus si on Pape rs die nen einer mög lichst schnel len Ver brei tung von neue ren For schungs arbei ten des ZEW. Die Bei trä ge lie gen in allei ni ger Ver ant wor tung der Auto ren und stel len nicht not wen di ger wei se die Mei nung des ZEW dar.Dis cus si on Papers are inten ded to make results of ZEW research prompt ly avai la ble to other eco no mists in order to encou ra ge dis cus si on and sug gesti ons for revi si ons. The aut hors are sole ly respon si ble for the con tents which do not neces sa ri ly repre sent the opi ni on of the ZEW. Non-technical summaryBrands have a ubiquitous presence throughout the economy and in our everyday life. This has its advantages. They enable consumers to identify and memorise products, to determine their origin, and to distinguish products of different providers from each other (Aaker, 1991). The identifiability of a product is an essential requirement for customers to draw on previous experiences with a product while making purchasing decisions. The experiences with the product, even those of others, may prove useful to evaluate otherwise unobservable product characteristics. The evaluation of a product enables customers to assess (i) how functional or effective the product is, (ii) how reliable it is, (iii) how durable it is, (iv) how easy it is to use, (v) how it tastes, sounds or smells and (vi) what side effects it may have (WIPO, 2013, p.81). Positive experiences are likely to lead to repeated purchases, while disappointed customers are more likely to avoid the product. This constitutes an incentive for firms to build a reputation to deliver products and services of a reliable quality, leading to the quality guarantee, implicitly indicated by trademarks. A brand is of economic value only if the respective firm has the right to use this reputational asset exclusively. The registration of a brand as a trademark or through a bundle of trademarks gives the owner a legal monopoly over the protected word, sign, symbol or other graphical representation in connection with the attached commodity. He has the exclusive right to commercially use the protected trademark and is exclusively protected against infringement (Economides, 1998;Baroncelli et al., 2004). Hall et al. (2012) expect trademarks to be "the most widely used" intellectual property right that is "available to essentially any firm". Graham et al. (2013) state that "almost every firm, regardless of size, market, or business strategy, has goodwill to protect". From this perspective, perhaps not every firm but the vast majority of firms can be expected to register trademarks. This paper provides empirical evidence about the proportion of firms that have registered trademarks in 2010 and analyses the role of several firm characteristics that are related to a firm's decision to register trademarks. The empirical analysis relies on a large sample of about 5,400 German firms from many different industries in the German business sector. The extrapolated proportion of 18% of firms with at least one registered...

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“…Trademarks belong to the portfolio of legal mechanisms which protect a firm's intellectual property and have been mostly studied as such in conjunction with patents, design rights and so on (Schmoch, 2003;Greenhalgh and Rogers, 2005). However, economists have pointed out that they perform other roles: for instance, it has been suggested that firms use them to differentiate their products from those offered by their competitors (Landes and Posner, 1987;Elliott and Percy, 2006); also, they can signal consumers that the products on sale are of consistent quality contributing to solve the problem of asymmetric information between producers and consumers about the quality of the products.…”

Section: Introductionmentioning

confidence: 99%

Trademarking activities and total factor productivity: Some evidence for British commercial banks using a metafrontier approach

Duygun

Sena

Shaban

2016

Journal of Banking & Finance

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In this paper, we compute a non-parametric Metafrontier Malmquist index to evaluate the Total Factor Productivity (TFP) change among UK-based trademarking and non-trademarking commercial banks between 2005 and 2013. The use of the metafrontier approach allows us to: a) identify the drivers of TFP growth for each group of banks, b) compare the TFP growth of each group to the TFP growth experienced by the whole industry, and c) assess the extent to which the former catches up with the latter measured along the metafrontier. Our results suggest that TFP has been increasing among trademarking banks up to the onset of the financial crisis but this process has since reversed. The catch-up indexes suggest that both groups of banks were catching up with the metafrontier up to the financial crisis although the drivers of this process differed between the two groups. After the financial crisis, improvements in technology have been driven by a small number of commercial banks i.e. the non-trademarking banks. These results suggest that a large section of the commercial banking sector has not been able to overcome the effects of the financial crisis.

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Trademark Law: An Economic Perspective

Cited by 374 publications

References 0 publications

De Jure Determinants of New Firm Formation: How the Pillars of Constitutions Influence Entrepreneurship

De Jure Determinants of New Firm Formation: How the Pillars of Constitutions Influence Entrepreneurship

Which Firms Use Trademarks And Why? Representative Firm-Level Evidence from Germany

Trademarking activities and total factor productivity: Some evidence for British commercial banks using a metafrontier approach

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