The Unnatural Expansion of Trademark Rights: Is a Federal Dilution Statute Necessary?

57 Pages Posted: 2 Dec 2010

See all articles by Kenneth L. Port

Kenneth L. Port

Mitchell Hamline School of Law; William Mitchell College of Law

Date Written: 1994

Abstract

This article is a systematic review of proposed section 43(c). Proposed section 43(c) would create a federal cause of action for trademark dilution and would grossly expand trademark rights. The article reviews both the practical implications and theoretical underpinnings of the dilution concept. Part II describes the basic origins and history of the dilution debate. Part IV(A) presents the practical problems that proposed section 43(c) raises. Part IV(B) critiques some of the more popular theoretical justifications that are typically used to support granting intellectual property rights and concludes that no satisfactory theoretical justification exists to warrant an expansive federal dilution statute. The article concludes that because there is no serious philosophical ground for dilution and because of the practical problems presented by section 43(c), a federal dilution statute is not only unnecessary but also counter-productive to clear, rational consideration of legitimate trademark concerns.

Keywords: Federal Trademark Dilution, Dilution, Trademark Rights, Federal Dilution Legislation, Federal Dilution Statute, Intellectual Property Rights Justification, Proposed Section 43(C )

Suggested Citation

Port, Kenneth L., The Unnatural Expansion of Trademark Rights: Is a Federal Dilution Statute Necessary? (1994). Seton Hall Legislative Journal, Vol. 18, 1994; William Mitchell Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=1717981

Kenneth L. Port (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

HOME PAGE: http://mitchellhamline.edu/biographies/person/kenneth-l-port/

William Mitchell College of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

HOME PAGE: http://mitchellhamline.edu/biographies/person/kenneth-l-port/

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