First, note that I believe rms has the right of it when he
decries the use of the term ``intellectual property''. It screws up your thinking because it tosses many contradictory legal regimes into one bag, so that talking about, say, copyright, gets confused by concepts from trademark, or trade secrets, or patent, or....
True, copyright needs a major overhaul---it's outlived its usefulness in its current form. Arguably, patent law is even worse—certainly in the matter of patenting software.
Trademark has its problems, too, but just think about about a marketplace where trademark didn't exist. What's that widget you're buying? Oh, it's from Foo, Inc., and they make good stuff. But how do you know it isn't from Bar Corp., which pushes trash that masks itself as Fooware?
You'd need a chain of custody similar to what you see on precision instruments: ``Calibration traceable to the National Institute of Standards and Technology''. Except you couldn't be sure the attestation was kosher. You'd have to do a careful analysis of every object you bought more complex than, say, a spoon, to be sure you got what you paid for.
That's the scenario trademark law is written to avoid.
What we have here is a baby/bathwater situation caused by blind use of the term ``IP''.