This article has three goals: to state clearly the practical problems with the Federal Trademark Dilution Act of 1995, to suggest modifications to deal with these problems, and to explore why prior opposition pieces did not garner support from the uncommitted. This last project requires a subject for the dissection table. Because it won the coveted Ladas Memorial Award for the best trademark article in 1994 and because it was published by the Trademark Reporter just before Congress voted on the Act, this article focuses on Kenneth Port's article, "The 'Unnatural' Expansion of Trademark Rights: Is a Federal Dilution Statute Necessary?" While "Unnatural Expansion" attacked the Act, it may easily have left the non-academic reader with the impression that only philosophers and other such cranks had any real reason to oppose the Act's passage.
Available at: http://works.bepress.com/malla_pollack/18/