A Framework for Improved Protection of Trademarks

Abstract

The consequences of trademark infringements can be severe, ranging from customer confusion to undesirable associations, from mark erosion to loss of revenues and complex litigations. Further, infringement can pose significant public health and safety, and cybersecurity risks, as these infringements can be vectors for frauds, dissemination of malware, etc. To effectively address issues and inefficiencies, this article proposed a framework that categorizes and analyzes the main practical cross-cutting aspects of trademark infringement cases. This empirically-informed research involved the analysis of over three hundred cases brought to courts from the U.S., the E.U., Canada, Singapore, and India, disputes decided at the WIPO Arbitration and Mediation Center, and cases reported by law enforcement agencies and international organizations. The method used was content analysis, to systematically identify and code essential characteristics, used for grouping into an analytic framework. This comprehensive approach allowed the identification and analysis of the most important forms, characteristics, and legal arguments. The findings suggest that a multi-faceted approach is necessary for the effective protection of trademarks: a holistic, three-pronged approach, which would involve all stakeholders, addressing, respectively, the legal framework, trademark proprietor measures, and consumer’s education. Based on the findings, the article proposes a number of measures that could provide an improved, more effective global protection of trademarks.