The traditional function of trademark law is to prevent confusion on the market for goods and services. This means that consumers should be able to distinguish between different suppliers without undue effort.
Although this so-called ‘origin function’ still plays a central role, trademark law has clearly expanded its scope and reach over the years. Nowadays, trademarks are much more than a mere label identifying the manufacturer: They carry autonomous meanings, values and connotations that are often the products of considerable investment. This field of law is therefore increasingly concerned with protecting the reputation or commercial interests associated with a trademark against ‘freeriders’, even in the absence of confusion.