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The Trademark Paradox - Trademarks and Their Conflicting Legal and Commercial Boundaries (Hardcover, New edition)
Loot Price: R2,465
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The Trademark Paradox - Trademarks and Their Conflicting Legal and Commercial Boundaries (Hardcover, New edition)
Series: Schriften zum Medien-, Urheber- und Wirtschaftsrecht, 20
Expected to ship within 12 - 17 working days
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Trademarks play a fundamental role in our everyday lives as
consumers, helping us to quickly choose the products we like and
avoid those that we don't. Trademarks are also essential elements
in a competitive market, allowing companies to build brand loyalty
without fear of free-riding by competitors. Trademark laws thus
diminish customer confusion, make "communication" between seller
and buyer simple, and prevent unfairness. However, expanding legal
protection, coupled with commercial "bullying", have served to
restrict, rather than promote, competition. The paradox lies in how
we have dealt with the conflict: in our quest to promote
competition, we have failed to adequately balance private interests
(e.g., protection of business goodwill) with public interests
(ensuring a robust, competitive market without restraints on
trade). This book examines trademarks' conflicting legal and
commercial boundaries. It concludes by suggesting principles and
guidelines to help resolve the imbalance.
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