Marks of Consequence – An Irrational Basis of Trademark Protection, or: Re-Inculcating some Schechter into the Doctrine of Trademark ‘Dilution’

Abstract

[Taken from the introduction] This Piece is concerned with the soundness of the qualification criterion of quantitative public recognition in relation to protecting trademarks from detriment to distinctive character. It will be demonstrated that all jurisdictions under consideration in this Comment have chosen to tie the granting of extended protection for trademarks to the discrimination criterion of a quantitative consumer knowledge threshold.