Here’s an example of how trademark law can interfere with private property and free trade. [A] district court judge recently dismissed BarnesandNoble.com’s summary judgment motion in a case brought by Halfpricebooks.com. Halfpricebook.com sued Barnes in 2002 for infringing its trademark “Half Price Books.” The judge’s opinion allows Half Price’s suit to proceed on the grounds that BN.com could have overstepped fair-use rights. According to the judge, “While BN.com’s name is displayed on each and every page (of its Web site), a reasonable jury may find that the usage of ‘Half-Price Books’ on the webpage is sufficiently prominent to suggest that … Continue reading Trademarks and Free Commerce