Looming in the corner throughout this article is "the elephant in the room": enforcing your trademark against someone using it on promotional goods. Courts and academics alike have long been divided on this controversial issue, and a détente seems unlikely.

Some commentators reason that no one should need permission to place your mark on T-shirts, stickers and such, because consumers have the right to show their affection for it. Otherwise, you will have a trademark monopoly extending way beyond your primary business. And if consumers just want your brand on goods and don't care who makes them, how can they be confused? What's the harm?

In fact, because this attitude could harm both trademark owners and the public, the authors propose a potentially workable approach. It could well satisfy consumer desires, protect trademark rights and help competitors know when a license is necessary.

Readers concerned about this underlying conflict should check out the discussion in Section VII. Watch out for the elephant's trunk, though. It's unpredictable . . . .