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Consumer Investment In Trademarks, Deborah R. Gerhardt

Deborah R Gerhardt

Consumer Investment in Trademarks This article introduces the consumer investment model as means to identify and protect twenty first century consumer interests in trademarks. Section I demonstrates why this model is necessary. Protecting consumer interests is the theoretical rationale for regulating trademarks. Theory and practice meshed well when the rights of trademark owners aligned with consumers. For example, both trademark owners and consumers are harmed when marks are used on low quality counterfeit goods. In cyberspace, this neat alignment often breaks apart. Many unauthorized uses, such as keyword advertising, benefit consumers but threaten owner control over marks. In order to …