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IP AS CONTRACT
Trademarks PDF Print E-mail
Palmer also argues that trademark law is legitimate. Suppose some Lachmannian changes the name on his failinghamburger chain from LachmannBurgers to RothbardBurgers, which is already the name of another hamburgerchain. I, as a consumer, am hungry for a RothbardBurger.I see one of the fake RothbardBurger joints run by thestealthy Lachmannian, and I buy a burger. Under currentlaw, Rothbard, the “owner” of the RothbardBurgers trademark,can prevent the Lachmannian from using the markRothbardBurgers to sell burgers because it is “confusinglysimilar” to his own trademark. That is, it is likely to misleadconsumers as to the true source of the goods purchased.The law, then, gives a right to the trademark holder againstthe trademark infringer.
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