Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Articles by Maurer Faculty
No abstract provided.
Steam Shovels And Lipstick: Trademarks, Greed, And The Public Domain, Mary Lafrance
Steam Shovels And Lipstick: Trademarks, Greed, And The Public Domain, Mary Lafrance
Scholarly Works
Although the law of trademarks and unfair competition at one time concerned itself only with false designations of origin that were likely to confuse consumers about the origin of goods or services, with the emergence of the dilution doctrine during the twentieth century individual states--and ultimately Congress--began offering the owners of particularly strong marks the opportunity to prevent others from using these marks even in ways which were unlikely to lead to consumer confusion. In so doing, the law began to treat trademarks as property in themselves--the product of a trademark owner's investment in good will--rather than merely as signals …
Why We Are Confused About The Trademark Dilution Law, Christine Farley
Why We Are Confused About The Trademark Dilution Law, Christine Farley
Articles in Law Reviews & Other Academic Journals
In the decade following passage of a federal right of anti-dilution, the biggest question in trademark law was how to prove dilution. This is a clear sign of something. Can no smart attorney, judge, or social scientist figure out what dilution is in order to prove it? Dilution has proven to be a "dauntingly elusive concept" for the courts. Even in the Supreme Court, nearly all of the questions from the Justices In oral argument in Moseley v. V. Secret Catalog were seeking to simply understand what dilution is.Unless they simply know it when they see it, other courts either …