Home » Revisiting the Philosophical Foundations of Trademarks in the US and UK by Mohammad Amin Naser
Revisiting the Philosophical Foundations of Trademarks in the US and UK Mohammad Amin Naser

Revisiting the Philosophical Foundations of Trademarks in the US and UK

Mohammad Amin Naser

Published March 1st 2010
ISBN : 9781443817790
Hardcover
247 pages
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 About the Book 

This book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of co-authorship ofMoreThis book challenges the philosophical foundations of current trademark systems in the USA and the UK. It argues that the process of trademark creation should be transformed to the more practical and realistic proposition of co-authorship of trademarks by both the public and trademark owners. The book develops the Economic-Social Planning justification, which departs from the economic argument that trademarks reduce consumer search costs, and then proposes that trademarks should be formulated in a manner which helps foster a just and attractive culture. Trademarks are thus seen as source and origin identifiers, rather than quality identifiers. The book focuses on the often ignored role of the public and their rights in trademarks and calls for the adoption of the confusion rationale for trademark protection, not the dilution individualistic rationale. The two jurisdictions of this book prove adverse effects over the rights of the public in terms of using trademarks in cultural and expressive contexts, thereby threatening the principles of freedom of expression as a human fundamental right.