Abstract
Paper presented at INTA Annual Conference 2010 in Boston, discussing the proper scope of IP rights in general and trade marks in particular. The paper first addresses whether IP suffers from 'over protection' or is 'under siege'. The author subsequently touches on 'free ride and free lunch v. free speech and free flow'. After discussing a number of balancing mechanisms, the paper compares and contrasts 4 trends in trade mark practice:1.Confusion over dilution2. Prescriptive rules v. cognitive research3. Separatism v. realism4. Functionalism v. expansionism
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