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

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 )