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Misappropriation of Drawing Power (Free-Riding) in Trademarks
Tony Bortolin
Article

  The full text of this Article may be found here.

34 Fordham Intell. Prop. Media & Ent. L.J. 535 (2024).

Article by Tony Bortolin*

 

ABSTRACT

 

[T]

his 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).

 


* © Tony Bortolin. Lawyer (Ontario, Canada, 1989). Certified Specialist in Canadian Trademark Law. Canadian trademark agent (1989). Also recognized to represent Canadians in trademark matters before the USPTO (1991). Author of several other peer-reviewed trademark articles.