I understand and agree about copyrights not existing in a free market, but I was wondering about brand names. For instance, lets say I could copy the Coke forumula exactly and create a duplicate, but sold it under a different name as a Coke copy. That wouldn't be a problem at all for me. Lets say on the other hand I wanted to capitalize on the popularity of Coke and instead of trying to create a copy of the product, made a copy of the can, then filled it with water? If I made an exact copy there wouldn't be much way to tell until they opened it.
So how would this sort of situation be handled in an AnCap society? Would they be able to do anything to save their brand name or would they just have to try to come up with a can I couldn't copy exactly?
Considering it's being sold on false pretenses, wouldn't this be fraud?
-Jon
I cannot be caged. I cannot be controlled. Understand this as you die, ever pathetic, ever fools.
Irenicus' Diaries.
I agree with Jon, it probably would be considered fraud. Either way, there'd be some law against it if people wanted a law against it (remember David Friedman?).
"There is only one innate right, freedom (independence from being constrained by another's choice), insofar as it can coexist with the freedom of every other in accordance with a universal law." - Immanuel Kant
Stolz2525: I understand and agree about copyrights not existing in a free market, but I was wondering about brand names. For instance, lets say I could copy the Coke forumula exactly and create a duplicate, but sold it under a different name as a Coke copy. That wouldn't be a problem at all for me. Lets say on the other hand I wanted to capitalize on the popularity of Coke and instead of trying to create a copy of the product, made a copy of the can, then filled it with water? If I made an exact copy there wouldn't be much way to tell until they opened it. So how would this sort of situation be handled in an AnCap society? Would they be able to do anything to save their brand name or would they just have to try to come up with a can I couldn't copy exactly?
In that case, the customer has a fraud claim against you. The trademark holder does not have a claim.
Intellectual property is not a valid form of property. That applies to copyrights, patents, and trademarks. If you pretended to be a well-known product, then your customers have a valid claim for fraud, and not the person whose work is being forged.
For example, I saw a store that was shut down for "selling counterfeit trademarked goods". What right does the State have to steal from me to enforce that law? Let the trademark owner pay the cost of enforcing his own trademark.
I have my own blog at FSK's Guide to Reality. Let me know if you like it.
Coke could agree with its distributers that they will not sell knock-off Coke products. Keep in mind that sellers and distributers should/would/can distribute any products they wish. For example you will see Walmart products that look similar to their Name Brand competitors. They do this because the Name Brand supplier values Walmart distribution more than the hit to the brand from similar Walmart products. The best example of this is in off patent pharmaceuticals sold though pharmacy chains. There are products like Walitin, Waladryl etc that look like the brand named merchandise.
The Brand Name supplier simply need not supply the seller of knock off products with their real products. Consumers wanting the brand names would not go to that retailer.
Ludwig von Mises Institute | 518 West Magnolia Avenue | Auburn, Alabama 36832-4528
Phone: 334.321.2100 · Fax: 334.321.2119
contact@Mises.org | webmaster | AOL-IM MainMises
Mises.org sitemap