As we have seen, one of the roles that the post-sale confusion doctrine plays is to protect the status and exclusivity of luxury brands. As one judge described it, "If the prestige of carrying a bag with the Louis Vuitton trademark could be obtained at a fraction of the price, and if viewers could not tell the difference, the value of the trademark would be in jeopardy."

QUESTION:

In relation to the description of the Judge above, Is protecting prestige and status an appropriate role for trademark law? Are luxury brands built on scarcity ultimately worth protecting? Or should the post-sale confusion doctrine be limited to protecting against low-quality infringers?