Cardozo Journal of Equal Rights & Social Justice
Abstract
The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with constitutional freedoms.
Disciplines
Consumer Protection Law | First Amendment | Intellectual Property Law | Law | Law and Gender
Recommended Citation
Julie Zando-Dennis,
Not Playing Around: The Chilling Power of the Federal Trademark Dilution Act of 1995,
11
Cardozo J. Equal Rts. & Soc. Just.
599
(2005).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol11/iss3/18
Included in
Consumer Protection Law Commons, First Amendment Commons, Intellectual Property Law Commons, Law and Gender Commons