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  • 标题:Trademarks and the Movies: An Af-'fair Use to Remember
  • 本地全文:下载
  • 作者:Smith, Lauren P.
  • 期刊名称:Cleveland State Law Review
  • 印刷版ISSN:0009-8876
  • 出版年度:2000
  • 卷号:48
  • 期号:2
  • 页码:415
  • 出版社:Cleveland State University
  • 摘要:The Federal Trademark Dilution Act poses a serious threat for filmmakers, much more so than found under the original Lanham Act. A filmmaker can be found guilt of dilution without a finding that consumers would likely be confused by the allegedly diluting use. The mere appearance of a mark in a film would not likely violate a trademark holders rights. According dilution's much less stringent standard, non-competing uses of a mark which would "blur" its strength would violate a holder's rights. Courts have used the FTDA in ways as broad as its language allows, and it poses a very serious danger for filmmakers while also threatening their First Amendment rights. Courts should adapt a similar fair use standard as that codified in copyright laws.
  • 关键词:Trademark Law; Lanham Act; anti-dilution statutes; Federal Trademark Dilution Act; dilution by blurring; dilution by tarnishment; The Copyright Act; Fair use; parody; first amendment; Copyright law
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