The shifting boundaries of fame: well-known trade marks, consumer recognition and augmented reality platforms in the age of COVID-19

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Abstract

In trademark law, famous brands are given an additional layer of protection, often referred to as "anti-dilution protection", which goes beyond the standard of "confusion-based harm" for ordinary marks. However, there is no clear international standard for the fame criteria that trigger this protection. Domestic statutes often provide a list of non-exhaustive "fame factors", with no pre-determined hierarchy. This article critically evaluates the distinction between perception-based factors and geographical/temporal factors for fame—and investigates whether there is a co-relation between these categories. It argues that "trademark fame" is a dynamic, socio-cultural construct that should not be primarily defined using static criteria based on geography or space. In developing this argument, this article seeks to illuminate the central role that consumer perceptions should play in evaluating "fame", as geographical boundaries become blurred by changing business models and emerging technology platforms as conduits for commerce in an age of social distancing.
Original languageEnglish
Pages (from-to)172-180
Number of pages8
JournalEuropean Intellectual Property Review
Volume43
Issue number3
Publication statusPublished - 01 Mar 2021
Externally publishedYes

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