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60 Rutgers L. Rev. 825 (2007-2008)
Space Pirates, Hitchhikers, Guides, and the Public Interest: Transformational Trademark Law in Cyberspace

handle is hein.journals/rutlr60 and id is 835 raw text is: RUTGERS LAW REVIEW VOLUME 60 Summer 2008 NUMBER 4 SPACE PIRATES, HITCHHIKERS, GUIDES, AND THE PUBLIC INTEREST: TRANSFORMATIONAL TRADEMARK LAW IN CYBERSPACE* Thomas C. Folsom I aim to misbehave1 ABSTRACT Modern trademark law has come of age. Like copyright and patent, it not only has a metaphysic of its own, but it also has the capacity to take goods and services out of the commons. The (© Thomas C. Folsom 2008. Associate Professor, Regent University School of Law; B.S., United States Air Force Academy; J.D., Georgetown University Law Center. I am grateful to Peter K. Yu and the participants at the Drake University Intellectual Property Scholars Roundtable before whom I presented a version of this paper in February, 2008 (none of whom should be blamed for the conclusions advanced herein, though each spurred me to clarify them). I thank my Graduate Assistants who have helped on earlier versions of the manuscript over the years: Dean Scharnhorst, M. Joanna Craine, Benjamin Miller, and Jeremy Pryor, and also Timothy Creed, Toni Duncan, Joshua Jewett, Leo Lestino, and Ryan McPherson. A version of the glossary appended to this Article previously appeared in Missing the Mark in Cyberspace: Misapplying Trademark Law to Invisible and Attenuated Uses, 33 RUTGERS COMPUTER & TECH. L.J. 137, 240 (2007), and I thank the staff and editors of that journal, especially Thomas Wilhelm. Finally, I thank all my colleagues and students, former clients, partners, and associates who gave me the chance to learn something about trademark law. All remaining errors, omissions, and oversights are mine alone. 1. As spoken by the space pirate, Captain Malcolm Reynolds, in SERENITY (Universal Pictures & Barry Mendel Productions 2005). Cf. DOUGLAS ADAMS, THE ULTIMATE HITCHHIKER'S GUIDE 243 (Wings Books ed. 1996) (characterizing the space traveler's guide, The Hitchhiker's Guide to the Galaxy, as having a compendious and occasionally accurate glossary). Pirates are discussed infra Part III.A; two glossaries are appended to this Article at 909-18.

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