Trademark Dilution - Coursework Example

Another important aspect of trademark dilution is whether or not in reality, trademarks prevent such uncouth behavior as the industry is trying to prevent. Of course it is one thing to cry foul about trademarks and quite another to establish their effectiveness. The reason why this is the case is primarily because creative departments in companies develop novel means to reciprocate the efforts and products of other companies. Finally there shall be a detailed analysis of the economic impact of dilution.

Trademark dilution is the United States for instance is a fairly recent phenomenon bearing in mind that the necessary legislation was passed in 1995. That was the year that the Federal Trademark Dilution act was passed. It sought to protect large companies against the ‘gradual whittling away’ of renowned brands by new entrants1. This was an effort to protect big business at the expense of upcoming businesses. This, as the more fashion conscious will note, is a famous brand. The aggressors were a couple; the Moseley’s who had committed the unforgivable act of opening a clothing store in Kentucky called ‘Victor’s Secret’.

The more renowned company warned them off such a store name but only succeeded in making them change it to ‘Victor’s Little Secret’. This still fell short of the demands of the renowned retailer who thought a complete change of name was the only way out2. As happens in all cases of this kind, the matter ended up in court. In the Sixth Circuit it was agreed that there was possible dilution in this case. There were the usual exchanges associated with lawyers in such cases where the law is not very clear, with each side giving its own interpretation that was friendly to its client.

The Moseley’s lawyer insisted that the fashion giant must table actual ‘economic harm’. Therefore, the whole business of trademarks is the prevention of any likely