The Strategic Effects of Trademark Protection

Davidson Heath · Chris Mace

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Intellectual Property and Patents Intellectual Property Law Merger and Competition Analysis

Abstract

Abstract We study the effects of trademark protection on firms’ profits and strategy using the 1996 Federal Trademark Dilution Act, which granted additional legal protection to selected trademarks. We find that the FTDA raised treated firms’ operating profits and was followed by a spike in trademark lawsuits and lower entry and exit in affected product markets. Treated firms reduced R&D spending, produced fewer patents and new products, and recalled a higher number of unsafe products. Our results suggest that stronger trademark protection negatively affected innovation and product quality. (JEL D22, K2, L43, O31, O34, O38) Authors have furnished code/data and an Internet Appendix, which are available on the Oxford University Press Web site next to the link to the final published paper online.

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References

1962Economic Welfare and the Allocation of Resources for Invention 1992A Model of Growth Through Creative Destruction 1990A Model of Growth Through Creative Destruction 2003Enjoying the Quiet Life? Corporate Governance and Managerial Preferences 1981The Role of Market Forces in Assuring Contractual Performance 2001The NBER Patent Citation Data File: Lessons, Insights and Methodological Tools 2017Technological Innovation, Resource Allocation, and Growth*1983Premiums for High Quality Products as Returns to Reputations

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