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rademark—which is “a name or symbol used to show that a product is made by a
particular company and legally registered so that no other manufacturer can use it”
(Microsoft Word dictionary)—represents a form of economic fraud in Perelman’s view.
Trademarks become commercially lucrative in the U.S. economy in the early twentieth
century, notably when goods stopped being offered primarily as bulk commodities (e.g.,
barrels of biscuits) and assumed idiosyncratic brand identities (e.g. Chips Ahoy!).
Trademarks ensured that brands retained their legal integrity, and thus made possible a
branded culture of largely artificial and manufactured distinctions between goods.
Branding adds an intangible form of value to a good, a form that benefits from an
advertising culture committed to ever-greater differentiation between brands of toilet
paper or cologne. Brand identities add to the profitability of goods by creating demand
(and thus higher prices) for these commodities far in excess of their intrinsic market
value. Clothes, shoes, or furniture from a department store like the Bay are probably just
as good as those from the Gap or Niketown. Yet, the mark-up on coveted brands like
Versace or Hummer is so great that the extra money we pay out to own these things
represents a kind of tribute that the poor and middle-class pay to the rich.
This is a 2001 list of the top 25 brands in order of their dollar value. All are worth more than one billion d无忧论文 【http://www.uklunwen.com】ollars; Coca-Cola at the time was worth $15 billion US. (Note how many
are for cigarettes, beer, soda pop, and snack food.) The source for this list is Oligopoly
Watch, a corporate watchdog linked at the Rogue’s Gallery.
Lay’s
Coca-Cola
Gillette
Marlboro
Huggies
Pepsi
Nescafe
Budweiser
Sprite
Campbell’s
Tide
Kellogg’s
Tropicana
Pampers
Wrigley’s
Benson & Hedges
Colgate
Camel
Duracell
Danone
Heineken
Fanta
Kodak
Friskies
L&M
d. intellectual property law and its importance to corporate capitalism
Even famous conservative economists like the late Friedrich Hayek and Milton Friedman
argue that the monopoly powers that patent and copyright give to corporations is a
betrayal of neo-liberal faith in free markets. But intellectual property rights have become
an indispensable source of profit to American capital, significantly improving what would
otherwise be a disastrous balance of trade. That is, while American consumers continue
to import large quantities of foreign goods—for example, more than 70% of the goods
sold at U.S. Walmarts in 2004 were made in China--(data from the AFL-CIO)—American
firms make huge profits from licensing scientific, technological, and cultural products to
overseas interests. More than 50% of U.S. exports are now intellectual property-related.
American military power itself becomes an essential part of ensuring America’s control
over trade |
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