Why, you may ask, is a psychologist blogger talking about trademark dilution?!? Buy the new book with the title Trademark Dilution and you will see why! The whole issue is not just a legal one, but a psychological one...For example, if you saw a Kodak chair in a furniture what would you think? What would be your cognitive response? Would you be confused? (Doesn't Kodak make cameras, not furniture???). Would you perceive a lowered value of Kodak cameras because you saw a chair with the same name attached to it?? What if other Radio sites cropped up on the net...would people then view Radio Userland differently?
Similarly, if we label AS individuals as having "high functioning autism" does this dilute in some way our view of autism as being qualitatively different or even unique? Are we helping or hurting those with autism by including individuals who clearly are quite different? In this area, we have something to learn from legal scholars, just as the legal scholars may have something to learn from psychologists.
I've copied the info on the Trademark Dilution text since BNAbooks is having problems with their links...
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Hardcover/2002/520 pp.
1313/$ 275.00
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Trademark Dilution: Federal, State and International Law |
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Author(s): David S. Welkowitz |
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“Professor Welkowitz’s book on dilution has been sorely needed and is sure to be the definitive work on the subject.”
— William E. Levin, Partner, Levin & Hawes, Laguna Beach, CA,
Author, Trade Dress Protection
“The author’s thorough analysis of this controversial theory of trademark protection and the jurisprudence to date concerning it, along with the underlying policies at issue, makes this book essential for all intellectual property practitioners.”
— Robert C. Cumbow, Graham & Dunn, PC
Adjunct Professor of Law, Seattle University School of Law
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Get a comprehensive look at this developing area of the law—plus an in-depth analysis of critical cases from many jurisdictions
This landmark treatise describes and analyzes the full range of dilution law, including the 1995 Federal Trademark Dilution Act (FTDA), state antidilution laws, and international law. The author’s discussion of the case law under the FTDA, analyzing the federal courts’ narrow interpretation of the statute, helps you effectively counsel clients and litigate cases.
Trademark Dilution: Federal, State, and International Law also provides extensive discussion and comparative analysis of state antidilution laws and reviews the case law analyzing state statutes, many of which developed before the FTDA was enacted. Although state statutes may be worded almost identically, their interpretation by the courts may differ considerably from state to state—these differences are discussed extensively in the treatise.
Antidilution provisions under certain international agreements and laws of selected countries are also analyzed.
Trademark Dilution: Federal, State, and International Law covers such important areas as:
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dilution on the Internet and interaction with the Anticybersquatting Consumer Protection Act
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relationship between trade dress and dilution
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comparison of state antidilution laws, including those patterned after the FTDA and those that differ significantly from the federal statute
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actual vs. likelihood of dilution—an issue soon to be decided by the U.S. Supreme Court
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extensive discussion of what constitutes a “famous” mark
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international agreements that include trademark dilution protection
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and much more
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