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Volume19
Year2010
TitleUtilitarianism and Trademark Protection
Author(s)Jill Ann Ealy
First Page14
AbstractUtilitarianism maintains that an action or policy is morally right if it produces at least as much good for all people affected by the action as any available alternative. Translated into law, "[a] rule is Good when its effect is a society that, overall, is better off." The utilitarian's assessment of our present system of trademark protection accordingly would depend on whether that system promotes the general welfare.