Long, Trademark Law was one of the few aspects of intellectual property that I understood. The government allows a certain limited exclusivity to a brand, such as trade occurs, customers will not be fooled into buying something when they intend to buy another (or a variant of this equation.) It is only relatively recently been an effort to expand the rights and why more brands, the introduction of things like the concepts of "blurring" and "dilution" of the discussion. As Mike wrote in this piece:

theories behind these efforts have always seemed quite questionable, and with this type of legislation, the effort to enshrine in law (and develop) are almost always anecdotal rather than empirical. So I hear a lot about how even if there is no confusion among consumers, the brand could be "harmed" by dilution or deterioration. For example, recently, we had a discussion about Ben & Jerry pursues a porn company to create pornographic films using covers that resembled the packaging of Ben & Jerry. We noted a complete absence of likelihood of confusion for the customer, but like many of our commenters pointed out, the demand theory focuses more on damage.

I agree that no confusion among consumers, a brand should not apply. Even if one is concerned about the blur, without confusion or merger, the blur is not the original brand. But what if we all have a little darker? What if the "mark" in question does not have to talk about trade and, in fact, boasts that the application of the mark was not commercial at all? What if the mark is granted for something that is widely done at national level and is in the normal course of religious expression? By law, the marks are intended to apply only to the brand when it is "used in commerce." But because people are confused between "intellectual" property, many mistakenly believe that applies to whatever you want.

Take the case of Tim Tebow, best known for being the backup quarterback to another quarterback horrible horrible, now
granted
said in a large number of brands in "Tebowing." In case you missed the last two years on the Internet and do not know what Tebowing "is, is essentially a kneel to pray on his knees and bowed his head on his fist.

Also known as "work-manual-I-had-to - do-grow-up-sunday-ing "

Image Source: CC BY 2.0




that some, like Washinton Times, Julia Goralka, questioning exactly how Tim Tebow now says can influence how the public, thanks to a brand of state monopoly through the brand .

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