The Problem of Trademark Dilution and the Antidilution Statutes

Abstract

The lower court did refer to a number of witnesses who testified that defendant's motion pictures "marked as indicated above [with a diamond in conjunction with the name Tiffany], its programs, electric signs and lobby displays, have in fact caused confusion in their minds and led them to believe that plaintiff was connected with the production of defendant's pictures."147 Misc.679, 681, 264 N.Y.Supp.459, 461 (Sup.Ct. 1932).61 This was true, inter alia, in Triangle Publications v. Rohrlich, 167 F.2d 969 (2d Cir.'33 It may be interesting to note that the Belgian courts reached the identical conclusion with regard to the continued validity of the "Thermos" mark.

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