Now I've always support the idea to treat intellectual properties more like privacy laws. That is, to treat violations of copyright, patent, trade secrets, plant breeders, as violation of confidentiality. This way, all materials that are publicly available should be made free to copy, free to tink, and convey... and materials that are only available after you agreed to some terms and conditions, or confidentiality agreements, even for gratis, would be subjects of monopoly by the authors.
Now ofcourse, you don't apply this way for trademarks... I have little criticism on the way the law treat trademarks nowadays. However if the law would really enforce the right of publicly accessible communities to have secrets, then in each of the communities, which might consists of millions... they could have their own trademarks. These trademarks could be ruled as confidential to the community whereas if they were leaked on the public domain, the community could prosecute the offenders.