University of New Hampshire University of New Hampshire Scholars' Repository University of New Hampshire – Franklin Pierce Law Faculty Scholarship School of Law 1-1-2007 Trademarks of Privilege: Naming Rights and the Physical Public Domain Ann Bartow University of New Hampshire School of Law,
[email protected] Follow this and additional works at: https://scholars.unh.edu/law_facpub Part of the Intellectual Property Law Commons, and the Law and Society Commons Recommended Citation Ann Bartow, "Trademarks of Privilege: Naming Rights and the Physical Public Domain," 40 U.C. DAVIS L. REV. 919 (2007). This Article is brought to you for free and open access by the University of New Hampshire – Franklin Pierce School of Law at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact
[email protected]. Trademarks of Privilege: Naming Rights and the Physical Public Domain Ann Bartow* This Article critiques the branding and labeling of the physical public domain with the names of corporations, commercial products, and individuals. It suggests that under-recognized public policy conflicts exist between the naming policies and practices of political subdivisions, trademark law, and right of publicity doctrines. It further argues that naming acts are often undemocratic and unfair, illegitimately appropriate public assets for private use, and constitute a limited form of compelled speech. It concludes by considering alternative mechanisms by which the names of public facilities could be chosen. TABLE OF CONTENTS IN TRO DU CTIO N ..................................................................................