2 ms·
If you had clicked the link I provided, you might come to understand that since 1995, U.S. trademark law does not just work in the way you described, but also i
by jellicle 11y ago
If you had clicked the link I provided, you might come to understand that since 1995, U.S. trademark law does not just work in the way you described, but also includes the concept of "dilution", where famous marks are protected by law even though there is zero chance of consumer confusion.
- anigbrowl 11y agoYou should be looking at the Trademark dilution revision act of 2006 which has superseded it. While Coke would easily get an injunction against blurring, there are counter arguments about similarity, and the lack of intentional or factual associations with the famous Sprite mark, not to mention it's lack of inherent distinctiveness (as opposed to say '7up'.) The situation is more nuanced than you suggest. https://www.govtrack.us/congress/bills/109/hr683/summary https://www.govtrack.us/congress/bills/109/hr683/summary has a good CRS-authored summary of that legislation's content.