Have Trademarks Become Deceptive?

Melbourne Institute Policy Brief No. 06/13

Date: 2013


Christine Greenhalgh
Elizabeth Webster


Trademarks, and other legislation giving business rights to contain competitor behaviour, are justified on the basis that they provide consumers with accessible and accurate information about the origin of the product. They are privileges justified on the basis that there is a corresponding responsibility to the public. Circumstantial evidence suggests that this responsibility has been forgotten. Government cannot be seen to condone the right of firms to confuse consumers about the origins of their products.

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