Fame Law: Requiring Proof of National Fame In Trademark Law
Southern Methodist University - Dedman School of Law
September 2, 2011
Cardozo Law Review, Vol. 33, 2011
SMU Dedman School of Law Legal Studies Research Paper No. 102
The public has always been infatuated with fame. Trademark law likewise has a long history of infatuation with fame. Protecting the fame embodied in a trademark against dilutive use by others has not been easy. The difficulty stems from the wording of the statute and judicial failure to understand the “fame” requirement. The fundamental question centers on what level of fame is required for the property-like protection against subsequent uses that dilute the famous trademark. This Article argues for national fame to be the requisite requirement for property-like anti-dilution protection under trademark law. The Article recommends that the proof of national fame should be survey evidence showing at least seventy percent of the general consuming public across the United States recognizing the trademark. Bestowing trademarks property-like protection to those with proof of national fame strikes a reasonable balance between the interests of trademark owners and the public.
Number of Pages in PDF File: 34Accepted Paper Series
Date posted: May 17, 2012 ; Last revised: May 22, 2012
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