This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.
The Research Handbook investigates the law and economics of trademark enforcement and of alternative enforcement mechanisms. With chapters exploring the strengths, weaknesses, and insights of law and economics as applied to trademark law generally, this Research Handbook revisits and expands some of the leading law and economics analyses of trademark law. Chapters also include a series of case studies that examine the law and economics of trademark protection in specific industries or through specific trademark doctrine.
Meticulously written by internationally renowned experts in the field, this Research Handbook will prove to be a useful resource for academics interested in law, business, and marketing. Trademark law professionals and practitioners will also find this to be a beneficial read.
Contents:
Introduction to the Research Handbook on the Law and Economics of Trademark Law 1
Glynn S. Lunney, Jr.
PART I CONCEPTUAL FRAMEWORKS
1 An introduction to the law and economics of trademarks 5
Glynn S. Lunney, Jr.
2 The economic foundations of European dilution law 37
Ilanah Fhima
3 Trademarks and supply chains: the costs and benefits of organisational flexibility 59
Andrew Griffiths
4 Do trademarks reduce search costs in the age of information? 92
Christine Haight Farley
PART II LEGAL AND ALTERNATIVE ENFORCEMENT MECHANISMS
5 Administrative revocation in trademark law 122
Saurabh Vishnubhakat
6 Revisiting the viability of shaming trademark bullies 140
Leah Chan Grinvald
7 “It’s how you made us feel”: consumer investment theory explains the toppling of racist brands 153
Deborah R. Gerhardt
PART III CASE STUDIES
8 Cultural heritage branding: societal costs and benefits 177
Martin Senftleben
9 Trademark theory in an antitrust case: FTC v. 1-800 Contacts 193
Rebecca Tushnet
10 Collegiality costs: trademark scarcity and craft beer’s politeness problem 213
Zahr Said
11 Fanmarks 248
Betsy Rosenblatt
12 Trade dress functionality: complex trade-offs between various types of economic efficiency 280
Apostolos G. Chronopoulos
13 Informational capacity, regulation, and certification marks 307
David A. Simon
14 Trademarks, trade dress, and the patient costs of pharmaceutical branding 343
Sam F. Halabi
15 The comparative law and economics of counterfeits and post-sale confusion 363
Peter K. Yu
PART IV REMEDIES
16 The disgorgement remedy of US trademark law 387
Pamela Samuelson and Mark P. Gergen
17 The path of the trademark injunction 403
Jake Linford
Index 432
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