Mark McKenna, Confusion Isn’t Everything

| By: Denise Wager

Mark McKenna Professor Mark McKenna has written a new article, Confusion Isn’t Everything. The typical shorthand justification for trademark rights centers on avoiding consumer confusion. But in truth, this encapsulation mistakes a method for a purpose: confusion merely serves as an indicator of the underlying problems that trademark law seeks to prevent. This article analyzes causes of this phenomenon, problems that result, and possible cures.