"there are times that the public would like to have IP protection,like when someone copies the golden arches and fakes being mcdonald's,but that would be another matter entirly"
I think that currently there is a "crowding out" effect in identifying brands. With state enforced I.P. law, there is less incentive to develop ingenious solutions for preventing consumers from falling for fake branding.
If you think about it, copying the golden arches is ONLY profitable if people will go to your store thinking that it is a McDonald's.
Obviously, the real McDonald's wants a way for people to verify that they are in fact McDonald's, and people who eat at McDonald's want to verify that they are eating at a real McDonald's. With this alignment in interest I see NO WAY that this will not be achieved.
Here's a couple ideas off the top of my head (and I'm not as smart as millions of people all working on the problem with $$ in their eyes):
1. Have the McDonald's website list their real locations. You can look up on the website to verify that it is a real McDonald's. You don't have to do this every time you go, only a few people and then word of mouth will take care of the rest.
2. McDonald's would keep an eye out for fake McDonald's. They might pay a cash reward for spotting one. If they did, they would launch a public awareness campaign in the neighborhood to let people know that it is not a real McDonald's. No guns required. If people want to still eat there, that's their choice.
If someone invests all of the money to build a fake McDonald's, and then people find out it's fake, they just lost a ton of money. I highly doubt anyone will do it. They're way better off franchising a McDonald's or starting a new restaurant chain.