Monday, April 23, 2007
Ann Bartow (University of South Carolina) has posted Trademarks of Privilege: Naming Rights and the Physical Public Domain on SSRN. Here's the abstract:
This paper critiques the branding and labeling of the physical public domain with the names of corporations, commercial products, and individuals. It suggests that under-recognized public policy conflicts exist between the naming policies and practices of political subdivisions, trademark law, and right of publicity doctrines. It further argues that naming acts are often undemocratic and unfair, illegitimately appropriate public assets for private use, and constitute a limited form of compelled speech. It concludes by considering alternative mechanisms by which the names of public facilities could be chosen.
[Comments are held for approval, so there will be some delay in posting]