Trademark Law: Chapter 19-1: introduction to dilution

Описание: Famous trademarks may also receive protection against activities that may "dilute" them. Dilution is a tricky concept in trademark law, as it points to a harm that is hard to prove and possibly hypothetical. The dilution cause of action is distinct from infringement. It therefore empowers trademark owners to go after conduct that is not likely to confuse consumers.

0:00 Introduction
1:14 Only "famous" marks count
2:00 No "niche fame"
2:50 Might famous marks be resistant to dilution?
3:13 Examples of famous and non-famous marks
3:50 "likelihood" of dilution, not "actual" dilution
4:15 What is dilution?
4:25 The rare law review article that affected the law
4:37 the "gradual whittling away" of the mark's hold on the "public mind"
4:50 Does a mark's "selling power" deserve protection?
5:55 Blurring
7:10 Blurring Rolls-Royce
7:30 Any harm to consumers?
7:55 Posner's take
8:33 Is this a real or hypothetical harm?
9:04 How does STARBUCKS's strength actually affect a coffee drinker?
11:09 What about those who prefer something else?
11:30 Like Dunkin Donuts? Or a local shop?
12:36 Maybe blurring isn't a bad thing?
13:27 Do blurring activities actually undermine the distinctiveness of famous marks?
14:00 How do DELTA Airlines and DELTA Faucets coexist?
14:29 What about all the marks with AMERICAN in the name?
14:47 Do trademark uses dilute more than others?
15:44 Empirical uncertainty
16:30 The potential breadth of the dilution action
16:50 Death by a thousand cuts or life by a thousand hugs?
17:50 Maybe trademark law has outgrown "need" for dilution action

All the videos of this series are collected here:    • Trademark law playlist  

The background reading for all the videos in this series can be found here: https://papers.ssrn.com/sol3/papers.c...