The Liberal Plea for Courts Regarding Trademarks

It may be difficult for governments and businesses, in an increasingly globalized society, to completely control the life, perception, and reception of trademarks in the marketplace. Regardless of whether or not the public sphere is becoming increasingly commodified, these commodities can nevertheless be bought and sold, controlled or manipulated through marketing, and hold value for the business they belong to. The stronger the particular commodity or mark in the marketplace, the more power its handler likely has to execute branding strategies that strictly control a trademarks reception. The worst thing that can probably happen (in the financial sense) for a company is to have a trademark that becomes so diluted in the market that it undergoes death through genericide and can no longer be protected as it has entered the public sphere (as in the Aspirin case).

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