Is Genericness Still Adequately Defined? Internet Search Firms and the Economic Rationale for Trademarks

  title={Is Genericness Still Adequately Defined? Internet Search Firms and the Economic Rationale for Trademarks},
  author={Cameron Shackell},
  journal={Science, Technology, \& Human Values},
  • Cameron Shackell
  • Published 17 November 2021
  • Economics, Business
  • Science, Technology, & Human Values
Landes and Posner’s highly cited economics of trademark law based on search cost reduction has influenced economists, legislators, and courts for decades. Their account, however, predates consumer use of the Internet for search and did not anticipate the rise of firms such as Google to economy-wide power in search. Consequently, trademark law intended to help consumers find a preferred brand now also protects the means they typically use. An outdated view of trademarks as a natural and… 


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