If We Know the Difference What’S the Harm? the Effects of Brand Equity Misappropriation and Dilution

EXTENDED ABSTRACT - Recently, the United States Supreme Court ruled in favor of a small store against a world-famous lingerie manufacturer and retailer. The owners of the little shop, which sells lingerie and other Aadult novelty@ items, named their store AVictor’s Secret.@ Shortly after opening, they were sued by Victoria’s Secret, claiming protection of its brand name under the Federal Trademark Dilution Act of 1995. Trademark dilution refers to a decrease in brand equity (in the senior brand) that is created by the unauthorized use of the brand by a third party (the junior brand). Trademark dilution differs from the more familiar concept of trademark infringement in that it occurs in the absence of consumer confusion about the relationship between the senior and junior brands.

Citation:

Chris P. Pullig, Carolyn J. Simmons, and Richard G. Netemeyer (2004) ,"If We Know the Difference What’S the Harm? the Effects of Brand Equity Misappropriation and Dilution", in NA - Advances in Consumer Research Volume 31, eds. Barbara E. Kahn and Mary Frances Luce, Valdosta, GA : Association for Consumer Research, Pages: 654-655.