2026-09-28 19:23 UTC
Now consider trademark: trademark could not be more different from copyright! Trademark is a *consumer protection* rule: it empowers companies to sue competitors who engage in deceptive conduct that could confuse their customers. The idea here is that if you get a pair of fake Nikes that fall apart within a matter of days, or eat at a fake McDonald's whose food is (somehow?) even worse than regular McDonald's food, you are unlikely to take action.
6/
Replies (1)
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@pluralistic@mamot.fr 2026-09-28 19:24
You're not going to hire a lawyer over a hamburger. So trademark deputizes companies to sue on behalf of customers who have been or might be deceived by unscrupulous competitors whose merchandising and marketing are likely to confuse the public. Unlike copyright's "fair use," trademark has other defenses, like "nominative use" ("This case fits an iPhone" is not a trademark violation, provided it's true). 7/