Paper Summary:

This paper reviews trademark law in general, the development of trademark dilution and its codification within the US Federal code via the FTDA. The focus of this paper lies on the ramifications of the FTDA on trademark law itself, as well as on the economic ramifications such protection may have on potential dilutors in the future.

Contents:
The Situation
Trademarks: A Brief Explanation
Trademark Dilution: A Theory, Potentially Wrongfully, Codified in State and Federal Statute
The FTDA: Application Leads to Trouble Waters
Victoria's Secret offers Little Resolution
The Aftermath of the Federal Trademark Dilution Act and Victoria's Secret
Conclusion

From the Paper:

"Developed in the 1920's by Frank I. Schechter, the theory of trademark dilution posits that certain trademarks have such a high value that their use in areas of commerce unrelated to those in which the protected mark is currently being used or might reasonably be used in the future, could serve to "blur" or "tarnish" the identifying capability of the protected mark. Dilution Laws, in turn, first began to appear in various states shortly after Schechter's theory was published.

Yet, the codification of trademark dilution, as specified by Schechter, into statute form may well be the foundation for the deluge of inconsistencies which have come to be associated with the doctrine, and, more specifically, the Federal Trademark Dilution Act."

Visitors who viewed this Argumentative Essay also liked these:

• Essay # 58167 : "An Emergency Requiring the Elimination of Emergency Law"
• Analytical Essay # 118526 : "In the Matter of the Welfare of: N.T.K., Appellant"
• Term Paper # 121359 : "Authors of "Smartest Guys in the Room"

APA Citation:

MLA Citation: