I.Introduction

II.Uses of Trademarks

III.Public Goods Theory and Market Failures

A.Non-Rivalry and Pure Public Goods.
B.Non-Rivalry and Market Failure: The Static/Dynamic Dilemma
C.Non-Excludability, Public Goods, and Market Failure
D.Market Failures and Copyright and Patent Law
E.Impure Public Goods
F.Market Failure and Impure Public Goods.

IV.Modern Theories of Trademark

A.Landes and Posner
B.Lemley, Lunney, and Burk

V.Market Failure in the Demand and Supply of Trademarks.

A.Static Efficiency and Deadweight Loss from Trademark Rights.
B.Demand Revelation and Deadweight Loss From Trademark Rights
C.The Optimal Supply of Trademarks

VI.Conclusion.