Fame Law: Requiring Proof of National Fame In Trademark Law

34 Pages Posted: 17 May 2012 Last revised: 22 May 2012

See all articles by Xuan-Thao Nguyen

Xuan-Thao Nguyen

Indiana University Robert H. McKinney School of Law, Center for Intellectual Property & Innovation

Date Written: September 2, 2011

Abstract

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.

Suggested Citation

Nguyen, Xuan-Thao, Fame Law: Requiring Proof of National Fame In Trademark Law (September 2, 2011). Cardozo Law Review, Vol. 33, 2011; SMU Dedman School of Law Legal Studies Research Paper No. 102. Available at SSRN: https://ssrn.com/abstract=2061749

Xuan-Thao Nguyen (Contact Author)

Indiana University Robert H. McKinney School of Law, Center for Intellectual Property & Innovation ( email )

530 West New York Street
Indianapolis, IN 46202
United States
317-274-8146 (Phone)

HOME PAGE: http://mckinneylaw.iu.edu/faculty-staff/profile.cfm?Id=582

Register to save articles to
your library

Register

Paper statistics

Downloads
73
rank
310,867
Abstract Views
550
PlumX Metrics