Misappropriation of Drawing Power (Free-Riding) in Trademarks

Authors

Tony Bortolin

Abstract

This Article advances the cause of action regarding the Misappropriation of Drawing Power (“free-riding”). It is a form of anti-dilution, along the lines of European Union laws regarding parasitism, and is analogous to other laws such as the protection of personality rights. It could also help settle long-standing debates in the trademark field, such as those regarding dilution by blurring, initial-interest confusion, comparative advertising, and whether and how to protect marks beyond the geographical scope of the plaintiff’s sales (such as protecting U.S. marks used internationally).

Recommended Citation

Tony Bortolin, Misappropriation of Drawing Power (Free-Riding) in Trademarks, 34 Fordham Intell. Prop. Media & Ent. L.J. 535 (2024).
Available at: https://ir.lawnet.fordham.edu/iplj/vol34/iss3/2