I. INTRODUCTION Firms take branding seriously. (1) They spend hundreds of billions of dollars each year developing and maintaining their brands, and for good reason. (2) In 2009, the top one hundred global brands were worth a collective $2 trillion, (3) and the Google brand alone was valued at over $100 billion. (4) For many companies, their brands are among their most valuable assets. In light of this value, companies aggressively protect their investments in brands. Firms with valuable brands undertake significant efforts to police the use of their trademarks, not only to protect against consumer confusion, but also to guard against any loss of brand value.
