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The New Federal Anti-Dilution Act: Reinstating The Myth Of Likely Dilutive Harm As A Mask Anti-Free-Rider Liability, David Franklyn

Publications

The new federal anti-dilution act, the Trademark Dilution Revision Act of 2006 (the "TDRA"), promises to restore an anti-freerider tool to the hands of judges who wish to grant expansive trademark rights to famous mark owners. The impulse to provide this kind of relief is grounded in a sound principle: between the entity that created the famous mark and others who wish to profit from it in foreseeable collateral markets, the mark creator is usually the party that has a superior claim to capture that collateral value and to ensure the value of the mark for future exploitation in a …