This Response examines three different senses in which the idea of autonomy might operate within trademark law’s rules relating to personal marks (i.e., marks that identity an individual) and shows that each of them is critically incomplete or too weak to independently sustain the justificatory burden for the domain. It then examines the worrisome possibility that courts’ allusions to autonomy here are little more than a trope for other considerations. It finally looks at how a genuine commitment to autonomy might be integrated into the principally market-driven framework of trademark law.
Intellectual Property Law | Law
Of Autonomy, Sacred Rights, and Personal Marks,
Harv. L. Rev. F.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3302