Get clear guidance on the elusive laws governing trademark dilution protection
Main Volume Information
With the passage of the Trademark Dilution Revision Act of 2006, much of the original statute was rewritten and the Supreme Court’s decision in Moseley v. V Secret Catalogue, Inc. was overturned. Trademark Dilution: Federal, State, and International Law will help practitioners sort through the controversy and confusion surrounding the 2006 revisions, the ways in which the Act makes clear that the likelihood of dilution is the standard for analyzing federal dilution claims, and the complications that may arise under state law. International developments are included, as well. This landmark treatise also examines the various relevant state laws in detail, describes the many differences between them, and discusses the case law analyzing state statutes.
Trademark Dilution: Federal, State, and International Law covers such important areas as:
- Dilution on the internet and interaction with the Anticybersquatting Consumer Protection Act
- Relationship between trade dress and dilution
- Comparison of state antidilution laws, including those patterned after the FTDA and those that differ significantly from the federal statute
- Actual versus likelihood of dilution
- Extensive discussion of what constitutes a “famous” mark
- International agreements that include trademark dilution protection
Supplement Information
The 2011 Cumulative Supplement integrates the Trademark Dilution Revision Act (TDRA) and new case law and improves the layout of the treatise to make information easier to find. In addition, the Supplement covers important new topics, such as:
- The Trademark Trial and Appeal Board’s (TTAB) renewed interest in dilution
- The effect of Starbucks v. Wolfe’s Borough Coffee (Second Circuit) and Levi Strauss & Co. v. Abercrombie & Fitch (Ninth Circuit) on the role of similarity under the TDRA
- The reemergence of the Victoria’s Secret case (V Secret Catalogue v. Moseley (Sixth Circuit)) and its effect on the analysis of tarnishment
- New state law developments (e.g., Cottonwood Financial, which discusses the effect of confusion and the TDRA on Texas dilution law)
Main Volume Information
2002/520 pp. Hardcover/Order #9991
Supplement Information
2011/Softcover/ISBN 9781570189913/Order #1991