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Implication of federal trademark dilution act to U.S. Business

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  1. Intellectual property has many forms.
  2. Even in the earliest course of history, people have been practicing trademarks indirectly.
  3. Filing for application of trademarks.
  4. The Landham Act ( Title 15 ,Chapter 22,United States Code).

Intellectual property has become a global concern in these last few decades due to the increased trade brought about by the internet. In an article posted at Focus, Field (2006) reported that in the United States alone, for example, studies in the past decade have estimated that over 50 percent of U.S. exports now depend on some form of intellectual property protection, compared to less than 10 percent 50 years ago. Even on a global scale, India was severely affected by intellectual property abuse for some decades causing the migration of its scholars, writers, academicians, and scientists to migrate to countries that can protect their intellectual property rights. Thus, when the Trade Mark Acts of 1999 was passed into a law in India, this gave a boost to their economy.

[...] The use of trademark has become a necessity with the influx of transactions done in the virtual world since it is hard to monitor new businesses that come up every minute. Moreover, with China joining the world market for promotion products, there will definitely be an upsurge of trademark registration since China produces billions of products. In a recent news report at Cafezine.com, it was reported that? a record 39,945 international trademark applications were received in 2007 by the World Intellectual Property Organization (WIPO) under the Madrid system for the international registration of trademarks, representing a increase on figures for 2006?. [...]


[...] According to Wilcox (2006)?Dilution protection stems from a desire to maintain the value of famous trademarks?. However, there are some issues related to protecting trademarks like: Are all trademarks protected equally? Who determines the importance of certain trademarks? In an article at Michigan Law Review, Wilcox (2006) raised some sensitive observations on Federal Courts decision regarding trademarks. He argued that ?Since the Federal Trademark Dilution Act (FTDA) amended the Lanham Act in 1995, federal courts have adopted similar roles as arbiters of fame, determining which trademarks are sufficiently famous to receive federal protection against dilution?. [...]

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