This research explores the role of trademark litigation as a deterrent strategy against counterfeiters in markets where government trademark enforcement is weak. Litigation can convey to potential counterfeiters that a trademark-holding firm would sue upon entry. We explore this idea empirically...

This Article explores the classic harm theories of trademark infringement that don't involve sales substitution and argues that courts should recognize their empirical weakness. Despite the expansion of infringement liability based on new theories of such harm, questions about what constitutes...

As of 2016, 80% of the products sold in Nigeria were counterfeits and as of today, it is quite doubtful that the percentage of counterfeit and illegal goods in circulation has decreased below 50%. According to a report from Frontier Economics in 2017, which was based on an earlier report of 2016...

Consumers generally rely on trademarks to navigate consumption choices. Consumers use trademarks as a convenient way to decide whether to purchase products and services in adjacent markets. Part I of this Chapter explores AI’s liberating effect on bounded rationality and consumers’ need to...