6 Wake Forest Intell. Prop. L.J. 69
Counterfeit goods bearing expressive trademarks create confusion among consumers in the post-sale market. No comprehensive framework exists for dealing with trademark disputes involving expressive marks. A proper solution would recognize that traditional trademark doctrine and language alone do not present a solution to the expressive mark problem and would withstand scrutiny under relevant trademark doctrine. In search of such a solution, this article applies economic analysis to case law and commentary on expressive marks and provides a basis for evaluating expressive trademarks that is more consistent with the aims of trademark law.