Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-19T07:52:07.732Z Has data issue: false hasContentIssue false

29 - US Anti-Dilution Law in Historical and Contemporary Context

from XI - Trademark Dilution

Published online by Cambridge University Press:  18 September 2020

Irene Calboli
Affiliation:
Texas A&M School of Law
Jane C. Ginsburg
Affiliation:
Columbia University School of Law
Get access

Summary

The cause of action for dilution of a trademark seeks to prevent an inchoate harm: the watering down, or weakening, of a trademark, i.e., its dilution. Courts and commentators have employed various metaphors to define dilution, from the “gradual whittling away” of the mark’s uniqueness, or “hold upon the public mind,”1 to a “cancer”2 or an “infection,”3 which, left unchecked, will destroy the mark. In theory, this accretive harm stems from the use of the mark, or substantially similar variants of it, in contexts that provoke association with the targeted trademark but do not cause a likelihood of confusion, and hence do not support a claim for trademark infringement.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×