Trademark law is harmonizing as a result of international agreements, global trade, and the increasing volume and speed of communications beyond national borders. Accordingly, most trademark jurisdictions share common principles of trademark law, with local nuances. New developments in trademark theory are taking hold and spreading more rapidly than at anytime in history. This review discusses one such area of trademark law, namely, “dilution,” and whether the United States conforms to global standards on famous trademark protection.[1]�
Trademarks include any word, name, symbol or device, or any combination thereof used to identify and distinguish goods of one party from another.[2]� In the United States, the foundation of trademark protection is the “relatedness doctrine,” known internationally as the “principle of speciality”, i.e., a mark is accorded protection only for related (i.e., the same or similar) goods and services. Recent developments in trademark law have challenged the limited scope of this doctrine and have shifted the debate to protection beyond similar goods and services for famous marks, reflecting the roots of trademark law in both tort and property areas.