[pp.int.general] trademarks

[Reinier Bakels]

>> Without trademark protection, it would not be illegal to sell you a
>> Chinese fake ROLEX for 10000 euro!
>
> Sounds a little bit like "Without copyright, everybody can download your
> music without paying you"...
Yes, a bit. But it is no comparison.
>
>>  While it is not a watertight solution, it helps if something is 
>> criminal.
>
> Why? If I'd want to betray you, trademarks are the last thing, I'd be
> afraid of.
>
If I go to a shop, I can be reasonably sure that they don't sell fakes to me 
of there is trademark protection. Without, the authorities would be unable 
to prevent fake ROLEXes being sold.

But there is a different problem you don't notice from your theoretical 
perception. Using a trademark, or, more precisely, a sign that resembles a 
registered trademark so closely that it cerates confusion without the 
consent of the trademark owner is illegal. But confusion created by the 
trademark owner himself is not!

Hilton luxury hotel chain licenced its name (many years ago) to UK "National 
Hilton" hotels, which were not nearly as luxurious. Hilton exploited its 
trademark at the detriment of customers. Apparently without being 
over-anxious that it would hurt its own image.

Dutch railway stations have "Albert Heijn" convenence shops. But these shops 
are actually run by the railway subsidiary that owns the stations 
("servex"), instead of "Albert Heijn", a major Dutch supermarket chain. This 
is perfectly legal franchising. Still I am cheated as a consumer. Because I 
hate the railway company because of its arrogance and poor service, and in 
particular, because it runs it railway stations as a true monopolist, with 
limited choice, high prices and bad service (as economics textbooks 
predict).

Trademarks are used all the time to *confuse* consumers (economist who 
justify traemarks because the reduce the cost of finding products are 
crazy). But that is not a reason to abolish trademarks, but to tighten the 
legislation. And frankly, in some cases people like to be cheated. And 
believe e.g. that ugly Louis Vuitton bags really are luxury prioduct ...

reinier