scholarly journals Some Thoughts on the Dynamics of Federal Trademark Legislation and the Trademark Dilution Act of 1995

1996 ◽  
Vol 59 (2) ◽  
pp. 75 ◽  
Author(s):  
Robert C. Denicola
Keyword(s):  
Trademark Dilution ◽  
Trademark Legislation

Trademark dilution analysis: A parody to El Chavo del 8

2016 ◽  
Vol 0 (27) ◽  
pp. 175-195
Author(s):  
Washington Macías Rendón ◽  
◽  
Gerardo Balcázar Ordoñez ◽  
Keyword(s):  
Trademark Dilution

Online Brands and Trademark Conflicts: A Hegelian Perspective

2006 ◽  
Vol 16 (3) ◽  
pp. 343-367 ◽  
Author(s):  
Richard A. Spinello
Keyword(s):  
Free Speech ◽  
Strong Support ◽  
The Internet ◽  
Domain Name ◽  
Reasonable Person ◽  
Domain Names ◽  
Consumer Confusion ◽  
Trademark Dilution ◽  
Online Brands ◽  
Free Speech Rights

Abstract:The Internet presents opportunities for corporations to efficiently build their brands online and to enhance their global reach. But there are threats as well as opportunities, since anti-branding and free-riding activities are easier in cyberspace. One such threat is the unauthorized incorporation of a trademark into a domain name. This can lead to trademark dilution and cause consumer confusion. But some users claim a right to use these trademarks for the purpose of parody or criticism. Underlying these trademark conflicts is the familiar tension between property rights and free speech rights. While some trademark scholars are reluctant to consider a trademark as property, we find strong support for the property paradigm in Hegel’s philosophy. Assuming that a trademark is an earned property right, we propose that a trademark owner should be allowed to control the permutations of its trademark incorporated into domain names unless a reasonable person would not confuse that domain name with the company’s mark. But we also conclude that there must be latitude to employ a domain name for negative editorial comment, so long as the source and purpose of that domain name is plainly apparent.

scholarly journals The Problem of Trademark Dilution and the Antidilution Statutes

1956 ◽  
Vol 44 (3) ◽  
pp. 439 ◽  
Author(s):  
Walter J. Derenberg
Keyword(s):  
Trademark Dilution
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