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Goodwill Appropriation As A Distinct Theory Of Trademark Liability: A Study On The Misappropriation Rationale In Trademark And Unfair Competition Law, Apostolos Chronopoulos

Apostolos Chronopoulos

Contemporary analysis of trademark rights rests on the premise that consumer confusion constitutes the primary, if not the sole, rational basis for awarding legal protection. Dilution theory has gradually come to be considered an almost undesired exception to the general rule of confusion-based liability and has been continuously shrinking in scope of application. Trademarks are viewed mainly as an offspring of the law against passing-off. Property rights in trademarks are acceptable to the extent that they vindicate interests of consumers in making informed decisions. Rights-holder interests recognized by trademark law should, accordingly, be merely a reflex of protecting consumers from …