Why Intellectual Property Law?
Trademark and tradename law are based on conflict between the rights of the possessor of a mark, a name or a reputation and a desire on the part of another to use a mark or a name which is similar to or imitative of the first. Why Cognitive Science? The conflict arises because of fundamental deficiencies in human perception, memory, and decision, and because of limitations on the speed of human processing of information. If people had perfect perception, memory and decision processes, and could perform these acts instantaneously, there would be no possibility of confusion or passing off. Any get up would be immediately and absolutely distinguishable from any other. There could be no infringement except that involving absolute identity. It would not be possible to be ” similar enough to confuse the public and different enough to confuse the judges” – the public and the judges would be equally immune to deception. The limitations on human information processing, in the broad sense, creat
