Recognizing the rights of consumers as brand co‐owners

This paper aims to assert that trademark law is too restrictive and that consumers should have some rights to a brand independent of the brand owner.

The paper examines the expansive tendency of trademark law and the concept of trademark fair use and the impact of trademark law on customer relationships.

The concept of trademark fair use offers only limited benefits to brand consumers.

Despite the ability to enforce exclusive ownership rights under trademark law, brand owners need to exert a broad view of customer co‐ownership or they risk less customer involvement with the brand.

The paper proposes policy changes to allow great consumer enjoyment of brands.