Discuss The Following Statement. ‘recent Case Law Suggests That The Traditional Rules And Principles Of Trade Mark Law Are Being Reinterpreted In Favor Of The Trade Mark Owner Which Is Ultimately To The Detriment Of The Consumer And Competitors.’

Introduction

Trademark refers to any known expression or sign that distinguishes services or commodities from a certain source from the rest in the market. Trademark laws work in tandem with intellectual property laws. Both laws have changed over the years with the emergence of such aspects as globalization in the face of inexorable technological advancement. It has been noted that the rationale behind trademark laws draw from the need to shield trademark and business owners from undue competition, and the consumers from deception that is characteristic of most markets. However, unlike any other related laws, traditional trademark laws were meant to exclusively cover the product. That is not to say that trademark laws do not influence businesses whatsoever. In fact, trademarking has been found to be immeasurably beneficial to a business with regards to its growth. Contemporarily, scholars note that trademark law covers way more than what it did when the 20^th century began. Similarly, many of the current developments rarely reflect the normative goals and aims, and the overall intention of trademark protection. The situation stems from the market reorientation in response to the incessantly changing business environment. However, while most people may argue that traditional trademark laws were intended to protect consumers, it is important to note that the need to manage unfair competition formed the backbone of formulation of trademark laws. Thus, the statement is only half right. Traditional courts largely focused on consumer deception given that deception was the primary distinction of unfair competition from normal competition. In the same vein, while they are contextually different courts have always pegged trademark protection on property rights from the nineteenth century. Regardless, a reexamination of the normative trademark principles versus the contemporary trademark laws reveals a confusion concerning the applicability of the laws in the context of consumers and trademark owners. The consequential common claim is that trademark laws favor the trademark owner over consumers and competitors. It is on such a backdrop that the following discussion seeks analyze the claim through a focused discussion that will unveil the truth in the aforementioned claim.