Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Santa Clara Law

Faculty Publications

Series

2007

Gripe site

Articles 1 - 1 of 1

Full-Text Articles in Law

Online Word Of Mouth And Its Implications For Trademark Law, Eric Goldman Jan 2007

Online Word Of Mouth And Its Implications For Trademark Law, Eric Goldman

Faculty Publications

This Chapter discusses the emergence of online word of mouth, the process by which consumers disseminate their views about marketplace goods and services. Due to online word of mouth, consumers have an unprecedented ability to influence the brand perceptions of other consumers. Unfortunately, these effects have put doctrinal pressure on trademark law, leading to judicial interpretations that inhibit the flow of online word of mouth and may damage the efficacy of marketplace mechanisms. This Chapter will explore how trademark law should be interpreted to preserve the flow of socially beneficial online word of mouth.