Trademark versus Copyright and Patent, or: Is All IP Evil?
I think we can all now agree that copyright and patent are evil and should be abolished (hey, if they can say we are all Keynsians now…).
But what about other forms of IP, such as trademark? One problem is that IP is not really property at all, and is just an umbrella term linking distinct, mostly artificial, positive rights created by the legislature out of thin air–”legally recognized rights arising from some type of intellectual creativity, or that are otherwise related to ideas.” (Against Intellectual Property, p. 9.)