This article sets out the background against which the consumer-based justifications of anti-dilution law have emerged, and analyses each of the main consumer interest arguments that have been made in favour of the doctrine.
Although this re-conceptualisation of anti-dilution law has not yet reached the mainstream, several considered arguments have been made in its favour that are worthy of discussion and evaluation. In more recent times, however, some scholars have suggested a more nuanced view of anti-dilution law, considering the ways in which the interests of consumers, and not just trade mark owners, might be served by this type of trade mark protection. Commentators have been so fiercely critical of anti-dilution law for its interference with competition and expression that it has become ‘perhaps the most vilified doctrine within contemporary trade mark law.’ Since vocal support of the doctrine has come almost exclusively from corporations that own famous marks and their representatives on the basis of the need to provide strong protection for brand investment, the debate has manifested as a dichotomy between the interests of major rights owners and those of everybody else. Dilution doctrine is condemned regularly for interfering with the rights of traders to access shared marketing language and with consumer opportunities to ‘resist, subvert, and recode’ brands and use them in personal and collective expression.
This review is aimed at discussing the increasing frequency with which meals are taken away from home and its conditionants.Īnti-dilution provisions have prompted extensive and heated debate in the countries in which they have been enacted. Some factors appear to have influenced such a fact, like food services (fast food, self-service restaurants), portion of the family budget allotted to meals by the population, institutional food programs (worker's food program, school meals, among others) and an expanding food service network. Due to the many changes happening in the last decades, notably in lifestyle, a significant increase in food consumption away from the domicile has occurred. Palavras-chave: serviço de alimentação, segurança alimentar e segurança nutricional. O objetivo desta revisão é discutir os condicionantes do crescimento da alimentação fora do domicílio. Alguns fatores influenciaram este fato, como ampliação dos serviços dos restaurantes (fast food, self service, "prato feito"), proporção da despesa destinada à alimentação, envolvimento com programa de alimentação institucional, como é o caso do programa de alimentação do trabalhador, alimentação escolar, crescimento do segmento de serviços de alimentação, entre outros. Em decorrência das intensas mudanças nas últimas décadas, notadamente no estilo de vida da população, ocorreu o aumento significativo da alimentação fora do domicílio.
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