Fashion Law

American Gangster Business Lesson

Fashion law is made up of the issues affecting the fashion industry. Since fashion law encompasses many legal disciplines, it is easy to find aspects of fashion law everywhere. Even in American Gangster: Frank Lucas (Denzel Washington) and Nicky Barnes (Cuba Gooding) cover brand dilution over a drug product branded Blue Magic.

I have heard the weak argument that people should be allowed to knowingly buy counterfeit goods and that such purchases would not hurt the brand being copied because such purchasers would be unlikely to purchase the pricey originals. Some people may even go as far as to believe that the fakes would work as free advertisements for the infringed brands. This is simply not so. Counterfeits, made up of inferior materials and poor manufacturing can have negative affects on a brand via dilution (15 U.S.C. § 1125).

There are two types of dilution: dilution by tarnishment and dilution by blurring. 

Dilution by blurring is defined as arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark.

Dilution by tarnishment is defined as association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark.

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