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The Myth Of Buick Aspirin: An Empirical Study Of Trademark Dilution By Product And Trade Names, Robert Brauneis, Paul J. Heald

GW Law Faculty Publications & Other Works

Trademark dilution is a highly controversial cause of action that has been the subject of hundreds of law review articles, but no significant scientific work. We analyze 60 years of telephone white pages, corporate & LLC naming data, advertisements from the New York Times, Wall Street Journal, and Washington Post, state and federal trademark databases, and all recorded dilution litigation. Our data suggest strongly that famous trademarks are frequently borrowed for use as trade names in services, but almost never as trade marks on products. Given that Congress based anti-dilution legislation on the assumption that uses like Buick Aspirin were …