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Rebecca Tushnet, Towards Symmetry in the Law of Branding, 21 Fordham Intell. Prop. Media & Ent. L.J. 971 (2011).

Abstract: Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.