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Hi! I'm Stan Muller, this is Crash Course Intellectual Property, and today we're talking about trademarks. Trademarks are everywhere, and they can often be confusing, so today we're gonna talk about why just about everything seems to be trademarked, and why trademarks are good for business. Mr. Muler! Trademarks don't intersect with my life, so I really don't see why we need to cover this. One, its Muller, and two, just watch the video. [Theme Music] A trademark is any word, name, symbol, or device, used to identify and distinguish goods from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown. This bit about unknown sources means that you, as a consumer don't usually know the person or factory that actually made the goods you buy. Before the industrial revolution, you often knew exactly who was making your stuff, and how it was made. If you wanted a hammer, you went to the blacksmith, and you knew his name. It was probably Smith. These days, brand names assure you that you're buying the same product, say toilet paper, that you bought last time you went shopping. You know, like the stuff with the ripples. Seriously though, getting the wrong medication because of brand name confusion or counterfeiting could be disastrous. The rational for granting legal protection for trademarks is that they're a type of property -- it demonstrates to the purchasing public a standard of quality and embodies the good will and advertising investment of its owner. In other words, companies expend a tremendous amount of resources to develop the product, market it to customers, and provide customer support, and back up their product with warranties. At its core, trademark law functions like a consumer protection measure. It prevents consumer confusion, and makes it easier for consumers to select and purchase the goods and services they want. For example, if you go shopping for a new television, you don't have to sift through dozens of products that are confusingly similar to Samsung. Knockoffs like Samsong or Wamsung or Sony. You want the Samsung, maybe based on past experience, or the company's reputation, or even a funny ad. Because the law protects the manufacturer's use of the trademark, you can be reasonably sure that the TV you're picking up at Best Buy is the TV you saw the Verge reporters freaking out about at CES. Though trademarks are often classified as intellectual property, the Supreme Court held, in the 1879 trademark cases, that Congress has no power to protect or regulate trademarks under the intellectual property clause of the Constitution. Which, as you'll recall, provides congress with the authority to regulate and protect copyrights and patents. But this didn't stop congress from regulating trademarks - they used the commerce clause of the constitution which gives them the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. Beyond trademarks, there are also service...