I would concur on the actual case presented, however trademark and copyright policies, and even those of patent violations are at the heart of a free market economy! Just think, would any drug company be encouraged to develop new drugs if once they were made, someone could figure out what’s in it and just market it as, let’s say, Viagro! A small restaurant chain could have golden arches as their sign visible from the freeway on the other side from McDonalds. Imitation is a good form of flattery, but these laws are in place to preven those kinds of actions from happening. Let alone the whole issue of the public buying food from what they think is a reputable company, only to come down with some nasty disease because it was a near clone of the original graphic on the side? I agree that people should be smarter than that, but the fact is that swindlers will always fill any space they believe they can make a quick buck on. Just a thought for ya! Reply
I suspect very clever individuals could come up with a way to protect legitimate intellectual property while preventing people from trademarking silly things. Unfortunately its been hit or miss. At least Microsoft lost its bid to prevent anyone from using the word “Windows.” But Facebook has been very successful in forcing name changes for companies whose trademark ended in the word “book,” even when they’ve been around longer. I’d disagree that this stuff is at the heart of a free market economy. Plain old human greed is at the heart of it, at least in our implementation. Intellectual property rights are simply a tool with which to maximize our greedy nature. Really, these patent laws and trademark things work against the concept of a truly free market, because you’re deliberately allowing someone a temporary monopoly on a new gadget or technology or methodology for doing something. No, these laws exist to protect greed, not to further a free market. A truly free market mandates that if I invent something and you happen to market it better than I do, you win and I go out of business for not having the savvy to outcompete you. Sucks for me, but thats the invisible hand for you. On the other hand, its nice to know that the McDonald’s I’m going to is the McDonald’s I believe I’m going too… and for those reasons, i’m quite content to live with a somewhat-less-than-free market. The invisible hand does need to get uncuffed though, and soon. Our attempts, all in the name of protecting consumers, to regulate our markets has actually destroyed the capital market we once enjoyed. The “Free Market” of today is just a pretense. We’re working from an antiquated mindset and the calls to reform our trademark and patenting policies isn’t exactly new with me. They need to be advanced into the realities of a 21st century world and 21st century market. (I’m not seriously advocating aboloshing them… I have intellectual property of my own and do feel that if you legitimately invent something, even something intangible, you deserve to captialize on it exclusively for a time…. however I’m quite cognizant that that is contrary to pure free market. However, if children can’t learn how to play nice with each other, it often results in the toy being taken away…. and the time may be coming where we need to take away some toys.) So how have you boys been? Halloween Party is on 10/30. Save the date!!! Reply
