Document Type
Article Review
Publication Date
12-16-2011
Publisher
JOTWELL
Language
en-US
Abstract
It’s become almost passé to decry our federal trademark dilution laws. The laws – first passed in 1995 and amended in 2006 – protect “famous trademarks” against uses that are likely to dilute their distinctiveness, without regard to any confusion among consumers or competition between the parties. Early critics warned that passage of the anti-dilution statute marked a turning point in trademark law: by giving famous trademark holders rights against even non-confusing uses of their marks, the law created “property”-like rights in trademarks. The initial commentary on the statute focused mainly on the costs associated with this increasingly absolutist approach to trademark rights.
Recommended Citation
Stacey Dogan,
Trademark Dilution and Corporate Personhood
,
in
Intellectual Property JOTWELL
(2011).
Available at:
https://scholarship.law.bu.edu/shorter_works/86
Publisher URL
https://ip.jotwell.com/trademark-dilution-and-corporate-personhood/
Included in
Consumer Protection Law Commons, Courts Commons, Privacy Law Commons
