scholarly journals Trademark Infringement, Trademark Dilution, and the Decline in Sharing of Famous Brand Names: An Introduction and Empirical Study

2010 ◽  
Author(s):  
Robert Brauneis ◽  
Paul J. Heald
Keyword(s):  
Empirical Study ◽  
Brand Names ◽  
Trademark Infringement ◽  
Trademark Dilution

scholarly journals The Trademark Use Requirement in Dilution Cases

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Critical Role ◽  
Search Costs ◽  
Market Exchange ◽  
Efficient Operation ◽  
Legislative History ◽  
Trademark Infringement ◽  
History Of ◽  
Trademark Dilution ◽  
Trademark Use ◽  
The Universe

The trademark use doctrine plays a critical role in ensuring that trademarklaw serves its proper purpose of encouraging market exchange and loweringconsumer search costs. As we have explained in detail elsewhere, thedoctrine ensures that trademarks do not become a weapon used to suppressspeech or to interfere with rather than promote the efficient operation ofthe marketplace.Those goals are even more important in the context of trademark dilution.Unlike a normal cause of action for trademark infringement, trademarkdilution gives broader rights to a few famous mark owners to prevent evennon-confusing uses in order to protect the uniqueness of their marksagainst blurring and tarnishment. But because trademark dilution can existeven when goods do not compete, and even absent any likelihood ofconfusion, it is even more critical that the universe of actions that cangive rise to dilution be cabined by a clear and effective trademark usedoctrine.The Lanham Act has had a trademark use limitation on dilution since thefirst dilution legislation was enacted in 1996, but recent amendments havechanged the language and scope of that limitation, leading to someconfusion about what is and is not protected. In this article, we parse thelanguage and legislative history of the 2006 Trademark Dilution RevisionAct and explain why the trademark use requirement in the new statute notonly survives but is more robust than before.

Empirical Investigation of Sport Trademark Dilution Using Contingent Valuation Method

2020 ◽  
Vol 34 (3) ◽  
pp. 189-200
Author(s):  
Sungho Cho ◽  
J. Lucy Lee ◽  
June Won ◽  
Jong Kwan (Jake) Lee
Keyword(s):  
Contingent Valuation ◽  
Law And Economics ◽  
Contingent Valuation Method ◽  
Empirical Support ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Psychology And Law ◽  
Valuation Method ◽  
Trademark Dilution ◽  
Dilution Theory

Under the federal trademark law, owners of famous sport trademarks may bring legal claims against unauthorized users of their marks under the infringement and dilution theory. Although the rationale of trademark infringement has been supported by various notions of consumer psychology and law and economics, the theory of dilution has been criticized for the lack of empirical support. This study investigated whether the junior use of major sport trademarks would have dilutive effects on the senior marks in financial terms. The study employed the contingent valuation method, a technique designed to estimate the economic values of nonpecuniary assets such as trademarks. A total of 140 subjects were exposed to dilutive information while they purchased sport brand merchandise. A series of pre- and posttests revealed that moderately famous sport trademarks suffered dilutive harm from junior use, whereas exceptionally famous marks were immune to the dilutive effects. Theoretical and practical implications were discussed.

Perception of Co-Brands: An Empirical Study

Paradigm ◽  
2005 ◽  
Vol 9 (2) ◽  
pp. 50-63
Author(s):  
Deepti Mannan ◽  
Anupam Bawa
Keyword(s):  
Empirical Study ◽  
Brand Names ◽  
Indian Market ◽  
Market Place ◽  
Single Product ◽  
Marketing Managers

Co-branding is ‘the placing of two (or more) brand names on a single product’. While co-branding is getting increasingly popular in the Indian market place, researchers have not devoted adequate attention to it. Data was collected from 103 respondents on their perception about four prominent cobrands and their seven constituent brands. No fictitious brands were used. Contrary to hypothesis, it was found that perception about foreign constituent brands is not superior to perception about Indian constituent brands. Again, contrary to hypotheses results show that co-brands formed by brands of related products are not perceived more favourably than co-brands formed by brands of unrelated products. In keeping with the hypothesis it was found that perception of co-brands is similar to that of constituent brands. Marketing Managers will find these results of use when they are choosing a brand with which to partner of forming a co-brand. Brand managers of the brands featured in this research will get information about the perception of their brand in the Indian market.

scholarly journals Trademark dilution: comparing the effects of blurring and tarnishment cases over brand equity

2017 ◽  
Vol 12 (3) ◽  
pp. 346-360 ◽  
Author(s):  
Washington Macías ◽  
Julio Cerviño
Keyword(s):  
Undergraduate Students ◽  
Brand Equity ◽  
Moderating Effect ◽  
Brand Names ◽  
Negative Effects ◽  
Firm Level ◽  
Product Categories ◽  
Trademark Dilution ◽  
High Degree

AbstractTrademark dilution is, in a general sense, a reduction in brand equity due to the unauthorized use of the trademark by third parties (junior brands). Although there are two types of dilution, blurring and tarnishment, existing academic empirical evidence only relates to blurring cases, showing its damage to some variables related to brand associations in consumers’ minds. Literature also shows the moderating role of the similarity between junior brands, but this evidence is not complete unless presumable tarnishment cases are analyzed. This paper compares the effect of two types of junior brands over strength of associations and brand equity of famous trademarks. An experimental approach was applied with a sample of 372 undergraduate students, users of two famous convenience brands. Junior brands use identical or similar famous brand names in different product categories, offering a continuous of similarity levels, so the moderating effect of this variable is analyzed. Results show that: (i) dependent variables are reinforced when junior brands are perceived as very similar, and diluted above some degree of dissimilarity; (ii) dilution increases the more dissimilar the junior brand. However, although they have a high degree of dissimilarity, cases of presumable tarnishment, might not always produce dilution. Besides, they suggest that the effect induced by similarity is not linear. These findings are discussed through the lenses of marketing and psychology theories. The study represents a contribution to the field, providing evidence not only from blurring cases, but also from supposed tarnishing imitators, comparing their effects and showing the limited moderating effect of similarity. The boundary conditions of similarity effects in trademark dilution literature have not been discussed previously. Finally, main implications for managers are highlighted, given the negative effects that trademark dilution may entail at firm level.

University of Kansas and Kansas Athletics, Inc., v. Larry Sinks et al. (collectively d/b/a/ Joe-College.com), 2008 U.S. Dist. LEXIS 23765 (D. Kan. 2008)

2008 ◽  
Vol 1 (3) ◽  
pp. 378-383
Author(s):  
John Grady
Keyword(s):  
Blue Color ◽  
University Of Kansas ◽  
Sports Fans ◽  
Trademark Infringement ◽  
Drugs And Alcohol ◽  
Doing Business ◽  
Trademark Dilution ◽  
Color Scheme ◽  
The University ◽  
Scope Of Protection

The University of Kansas and its athletics department brought suit against Larry Sinks, a manufacturer and retailer of merchandise doing business as Joe-College.com. Joe-College.com sells merchandise that reference Kansas Athletics programs, including T-shirts with irreverent sayings, as well as references to drugs and alcohol. Plaintiffs allege that the defendant’s goods infringe the registered and unregistered trademarks of the University of Kansas, including its crimson and blue color scheme. The university asserted claims for trademark infringement, trademark dilution, and unfair competition. Approximately 140 T-shirt designs used by the defendant were at issue in the litigation. This case illustrates the expanding scope of protection afforded to trademarks in sport that are used to communicate and distinguish a particular team’s brand. The case also explores the viability of the First Amendment as a defense to trademark infringement for retailers who produce merchandise that allows sports fans to express their message.

Exporting Trademark Confusion

2011 ◽  
pp. 113-160
Author(s):  
Ann Bartow
Keyword(s):  
Free Speech ◽  
The United States ◽  
Domain Name ◽  
Trademark Law ◽  
Domain Names ◽  
Trademark Infringement ◽  
Likelihood Of Confusion ◽  
Trademark Dilution ◽  
Typical Consumer

A judicial determination of “likelihood of confusion” is the linchpin of successful trademark infringement actions in the United States, and is often useful to prevail on a trademark dilution cause of action as well. Such determinations are exceedingly subjective, and often seem premised on a very low estimation of the intelligence and powers of discernment of the typical consumer. Many appear virtually pretextual, simply adopted as a necessary step in “protecting” trademarks and according trademark holders broad property-like rights that can impair competition and silence free speech. Though seemingly irrational and generally socially undesirable, U.S. “likelihood of confusion” jurisprudence has gained a foothold in cyberspace through dispute-resolution procedures addressing disputes about Internet domain names. In consequence, trademark holders generally prevail and are increasingly seen as holding inchoate rights in any domain name containing, alluding to, or similar to their trademarks across the globe, even though U.S. trademark law logically should not have extraterritorial application.

Trademark Infringement from the Buyer Perspective: Conceptual Analysis and Measurement Implications

1994 ◽  
Vol 13 (2) ◽  
pp. 181-199 ◽  
Author(s):  
Itamar Simonson
Keyword(s):  
Conceptual Analysis ◽  
Large Scale ◽  
Field Studies ◽  
Brand Names ◽  
Trademark Infringement ◽  
Likelihood Of Confusion ◽  
Consumer Confusion ◽  
Highly Sensitive ◽  
Large Scale Field ◽  
Alternative Measures

Trademarks such as brand names may be the most important assets of many companies, but their value depends on the ability to protect them from infringement. In this research, two key tests of trademark infringement are examined: likelihood of confusion and genericness. On the basis of a conceptual analysis, the author evaluates several alternative measures of trademark confusion and genericness, including both existing and new techniques. These measures are contrasted in two large-scale field studies with about 1500 consumers. The results indicate that estimates of likelihood of confusion and genericness are highly sensitive to the particular method employed, partly because the underlying states of consumer confusion and genericness are fuzzy and not well defined. The author concludes with a discussion of the research implications for (1) our understanding of consumer trademark confusion and genericness, (2) the measurement of trademark infringement, and (3) the use of survey-based measures in public policy and legal disputes.

The Effects of Brand Name Similarity on Brand Source Confusion: Implications for Trademark Infringement

2000 ◽  
Vol 19 (2) ◽  
pp. 250-264 ◽  
Author(s):  
Daniel J. Howard ◽  
Roger A. Kerin ◽  
Charles Gengler
Keyword(s):  
Field Experiments ◽  
Brand Names ◽  
Brand Name ◽  
Trademark Infringement ◽  
Source Confusion ◽  
High Degree

The prevalent legal view with regard to trademark infringement is that consumers who exercise a low (high) degree of care when evaluating goods will be less (more) likely to notice differences among brands and thus conclude they are of (dis)similar origin. The authors argue on the basis of the involvement literature and demonstrate through two field experiments that the effect of degree of care on likelihood of brand source confusion varies by the type of similarity (similar sound versus similar meaning) among brand names. The authors discuss implications for trademark infringement litigation and company brand name evaluation in light of these findings.

Part D Spending Gap Pinned on Brand Names

2012 ◽  
Vol 45 (3) ◽  
pp. 2
Author(s):  
MARY ANN MOON
Keyword(s):  
Brand Names ◽  
Part D
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