I disagree. This can still be achieved with the right (non legal) infrastructure to protect your brand i.e. an official Twitter account or domain name that can be used to identify the "legitimate" products from a company. It would be a much better tradeoff to the current cannibalistic nature of our current trademark laws that cripple the development of truly wonderful games like Pokemon Generations [1] while they milk the brand to death by regurgitating the same game with new Pokemon year after year.
[1] http://www.indiedb.com/games/pokemon-generations/news/change...
Trademark law protects you from domain camping and false identities.
Trademark law requires you to provably build a brand from the ground up. Hire your own artists, hire your own creativity. Are you honestly telling me that you are so uncreative that you can't create your own brand? Don't recreate "Mario", create your own damn characters!
And that is how the world gets better: when you reward creativity. It is virtually impossible to recreate a character, a brand, or anything and actually violate trademark law if you actually built a brand from scratch.
Without proper Trademark law, it is impossible to build up a "trustful" relationship between a company and its customers. You are NOT allowed to copy another person's brand that they have spent many years and much money developing. Its just not fair.