On the menu this week at your local restaurant or bakery, you might notice cute wordings like “Famous Horse Race Pie,” “Kentucky Bourbon Chocolate Nut Pie,” or even “We’re Not Allowed To Call This Derby Pie.” In a Cato podcast with colleague Caleb Brown, I explain why, and also mention in passing the aggressive enforcement of the Super Bowl trademark.
One reaction: anti-IP libertarian theorist Stephan Kinsella takes issue with several things I say in the podcast and in particular deplores my intended tone of neutral description of trademark law; he contends that a better position would be to challenge the legitimacy of trademark law and of intellectual property law generally, a view some libertarians have taken.
3 Comments
I’m doubtful whether “derby” would be a good match for a food product. The subconscious might keep bringing up the phrase, “I’ll eat my hat!”
The pie that dare not speak its name.
The pie who loved me.