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

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 Cases of Note -- Trademark Dilution

2002 ◽  
Vol 14 (5) ◽  
Author(s):  
Bruce Strauch
Keyword(s):  
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.

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