[pp.int.general] trademarks

[Patrick Maechler v/o Valio]

Richard Stallman wrote:
>     Just as any other form of monopolies on ideal objects trademark laws
>     create a form of artificial scarcity that is impossible to justify on
>     moral grounds;
> 
> Trademark law, when applied to names and logos, does not create a
> scarcity of goods -- only of labels.  Fools who desperately want the
> label of "Rolex" on a watch would have to pay extra for that, but do
> we care?

A scarcity of labels can be bad as well. If I happen to be born as
"Disney" I will have a hard time to get any trademark with that name;
even if I'd be using my full name and a completely different logo,
because the trademark is that famous that it does not need to limit
itself to certain product groups. However the definition of what
trademark is "famous" and what not is rather arbitrary and could be
changed for the worse in the future.

> When trademark law applies to the shape and appearance of goods,
> it can create a scarcity of goods with that shape and appearance.

With the current legislation and usage of trademarks are not that likely
to create a scarcity of goods with a certain shape/appearance, as a
trademark on shape/appearance shall not be of technical nature (you
can't trademark the shape of a ball e.g. in the sports sector).

If every individual on the planet would try to apply and use a personal
trademark we would have a problem, as well as we would have if political
forces try to abolish the limitation on product groups, respectively on
the definitions of a "famous trademark".