New-School Trademark Dilution: Famous among the Juvenile Consuming Public

67 Pages Posted: 16 Mar 2011

See all articles by Alexandra J. Roberts

Alexandra J. Roberts

University of New Hampshire School of Law

Date Written: June 8, 2009

Abstract

The recently enacted Trademark Dilution Revision Act of 2006 recalibrated the degree of fame necessary to garner protection: the TDRA applies only to a mark "widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner." By privileging those major players who succeed in turning their brands into household names, the TDRA strengthens incentives for mark-owners to ensure their logos and brand names are well-recognized not only among adult consumers, but also among children. This Article examines a set of marketing behaviors aimed at children that the TDRA's revised fame standard both reflects and rewards. Deeming fewer marks famous may serve the immediate purpose of creating a higher bar for plaintiffs to successfully bring dilution claims, but that bar should be set at age twenty-one to avoid rewarding firms for making loyal consumers out of teenagers, tweens, kids and even infants.

Keywords: Advertising, Trademark, Dilution, TDRA, Marketing to Children

Suggested Citation

Roberts, Alexandra Jane, New-School Trademark Dilution: Famous among the Juvenile Consuming Public (June 8, 2009). IDEA: The Journal of Law and Technology, Vol. 49, No. 4, 2009. Available at SSRN: https://ssrn.com/abstract=1786122

Alexandra Jane Roberts (Contact Author)

University of New Hampshire School of Law ( email )

2 White Street
Concord, NH 03301
United States

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