The Trademark Reporter®
Global Trademark Resources

November-December, 2011 Vol. 101 No. 6 Back to TMR Main Page
Anti-Dilution/Anti-Free-Riding Laws in the United States, Canada, and the EU: Bridges Too Far?
This article compares anti-dilution and anti-free-riding statutes of the United States, Canada, and the EU, discusses how courts have grappled with competing private and public interests, and assesses whether the respective statutes properly balance these competing interests. The author notes that deficiencies exist in all such laws and that they differ markedly even though they all address similar issues. Given the low probability that these statutes will change in the near future, it remains the courts’ responsibility to assure that injunctive and monetary relief is granted only where such relief is consistent both with the public interest in free competition and with free expression and with the interests of traders. The article concludes with a list of conditions for enforcement of dilution law that is an amalgam of what the author considers the best aspects of the legislation in the respective regions.
The Trademark Reporter is available to INTA members only. Please go to Member Login at the top of this screen to access the full article.