| Trademark dilution law allows famous mark owners to enjoin certain mark uses that could lessen the uniqueness of the famous mark or else damage its reputation and goodwill. The ability to enjoin these unauthorized mark uses, however, may sometimes conflict with the constitutional rights of individuals who wish to use famous marks in First Amendment speech such as parody, criticism or commentary. This thesis first analyzes the legislative history of the two federal trademark dilution statutes, the Federal Trademark Dilution Act of 1995 (FTDA) and the Trademark Dilution Revision Act of 2006 (TDRA) to better understand how these laws accommodate First Amendment speech rights. It then analyzes 35 federal trademark dilution cases involving a First Amendment-related defense to understand how courts have applied these laws and whether their application was consistent with the statutes' legislative intent. |
