Lawrence Lessig/blog/2002/11/13/0931/13

responds to::Lawrence Lessig/blog/2002/11/13/0931 when posted::December 3, 2002 2:41 AM author::Dan The trademark dilution issue may be real, "forcing" the opera houses' hands just as Disney is forced to go after day care facilities that use their characters on the walls without permission (or maybe they are just evil?). But it would seem some sort of extended protections of the sort already granted to news agencies would make sense. Why should a non-commercial use of that trademark really constitute dilution? Granted, it becomes more common language if that mark is used, say, for any opera, but using the name of the opera house in reference to that opera house is hardly dilution; if anything, it is the opposite.

Refering to that specific opera house only with that name would appear to strengthen the specificity of that trademark (or whatever the legal term would be).

So I'm not even sure how this constitutes trademark dilution if it is allowed to continue, regardless of whether, practically, it is stupid for the lawyers to go after fans.