No, not really, but it does sound pretty bleak:
Limited Brands SVP and Associate General Counsel Carol Matorin, who represents Victoria’s Secret among other brands, summed up the Sisyphean challenge of policing trademark violations in the midst of what she called “a great ocean of infringing materials.”
“It’s like trying to empty the ocean with a pail,” she said on a panel discussing the topic. “Can you even identify the perpetrator or whoever you’re trying to go after? There’s always been too much to go after in its entirety.” And each day brings more infringement than the last.
I dunno, I’d really like to see that Community Mark idea given some legal scrutiny, from the standpoint of creating doctrine that reflects the current social or economic needs of a society.
We’ve got trademark, which is economically unenforceable, patents, which are the DRM of genius, and copyright which are the modern shackles of the scamp-as-artist.
Hell, why don’t we just throw out the baby with the bathwater and come up with something unpatently original?