Critical Analysis of Trade Marks
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Critical Analysis of Jason Borland’s “The Culture of Trade Marks: An Alternative Cultural Theory Perspective”
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Jason Borland has argued that ‘a form of trade dilution protection may be beneficial to ensuring that trade marks remain a valued form of public cultural expression’. Critically evaluate his argument as developed in ‘The Culture of Trade Marks. An Alternative Cultural Theory Perspective’, Intellectual Property Research Institute of Australia, Working Paper No. 13/05, June 2005. (Available on the IPRIA website: http://www.ipria.org/publications/wp/2005/IPRIAWP13.2005.pdf
Under s17 of The Trades Mark Act 1995, a trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person. When these signs assume the form of marks used in trade, these indicia of cultural difference may be legally recognized as the private properties of those who claim them as marks of their own commercial distinction”. Bosland, in his article The Culture of Trade Marks: An Alternate Cultural Theory Perspective argues in favour of increased trade mark protection through an analysis of cultural theory. In particular he argues that, “a form of trade dilution protection may be beneficial to ensuring that trade marks remain a valued form of public cultural expression”. Whilst prevention of dilution of trade marks is indeed beneficial to company’s in commerce, it needs to be analyzed as to whether there are more negative or positive outcomes of trade dilution protection on a trade marks ability to fuel cultural expression.
Trade marks are symbols designed to enable consumers to identify without confusion the source of goods or services. In our current world however, trade marks have become more than mere indicators to avoid confusing...
Critical Analysis of Jason Borland’s “The Culture of Trade Marks: An Alternative Cultural Theory Perspective”
-------------------------------------------------
Jason Borland has argued that ‘a form of trade dilution protection may be beneficial to ensuring that trade marks remain a valued form of public cultural expression’. Critically evaluate his argument as developed in ‘The Culture of Trade Marks. An Alternative Cultural Theory Perspective’, Intellectual Property Research Institute of Australia, Working Paper No. 13/05, June 2005. (Available on the IPRIA website: http://www.ipria.org/publications/wp/2005/IPRIAWP13.2005.pdf
Under s17 of The Trades Mark Act 1995, a trade mark is a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person. When these signs assume the form of marks used in trade, these indicia of cultural difference may be legally recognized as the private properties of those who claim them as marks of their own commercial distinction”. Bosland, in his article The Culture of Trade Marks: An Alternate Cultural Theory Perspective argues in favour of increased trade mark protection through an analysis of cultural theory. In particular he argues that, “a form of trade dilution protection may be beneficial to ensuring that trade marks remain a valued form of public cultural expression”. Whilst prevention of dilution of trade marks is indeed beneficial to company’s in commerce, it needs to be analyzed as to whether there are more negative or positive outcomes of trade dilution protection on a trade marks ability to fuel cultural expression.
Trade marks are symbols designed to enable consumers to identify without confusion the source of goods or services. In our current world however, trade marks have become more than mere indicators to avoid confusing...