• Corpus ID: 55933333

The Normative Foundations of Trademark Law

  title={The Normative Foundations of Trademark Law},
  author={Mark Mckenna},
  journal={Notre Dame Law Review},
  • Mark Mckenna
  • Published 30 December 2010
  • Law, History
  • Notre Dame Law Review
This paper challenges the conventional wisdom that trademark law traditionally sought to protect consumers and enhance marketplace efficiency. Contrary to widespread contemporary understanding, early trademark cases were decidedly producer-centered. Trademark infringement claims, like all unfair competition claims, were intended to protect producers from illegitimate attempts to divert their trade. Consumer deception was relevant in these cases only to the extent it was the means by which a… 
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Claeys , Takings , Regulations , and Natural Property Rights , 88 CORNELL L