Journal Article

The Lanham Act and the trade mark monopoly phobia

Mohammad Amin Naser

in Journal of Intellectual Property Law & Practice

Volume 4, issue 5, pages 365-375
Published in print May 2009 | ISSN: 1747-1532
Published online March 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp024
The Lanham Act and the trade mark monopoly phobia

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Legal context

This article considers that the accumulation of trade mark rights in the hands of owners threatens the rights of other components in the context of trade marks. This could turn rights in trade marks into potential monopolies, thus it seems essential to prove the existence of the expansion of owners' rights in order to provide appropriate solutions.

Key points

The Lanham Act 1946 was based on the dual purpose of protecting trade mark owners and the consuming public. Since then, serious changes in the landscape of trade mark protection have emerged. A wide concept of confusion, in addition to the adoption of dilution, brings to the surface the debate over the question whether the expanded protection is a rational fear or an irrational phobia.

Practical significance

In the light of the findings of this article, there exists a need to return to the basics of trade mark protection so that an equitable approach, based on the initial aims of the Lanham Act, could be achieved. This article provides evidence that time has come to re-evaluate the function of trade mark protection and the fundamental principles upon which the system is built.

Journal Article.  8130 words. 

Subjects: Arbitration ; Intellectual Property Law

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