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This treatise presents a full discussion of the Trademark Dilution Revision Act (TDRA) of 2006, 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.
Get clear guidance on the complex laws governing trademark dilution protection.
Trademark Dilution: Federal, State, and International Law, Second Edition helps sort through the controversy and confusion surrounding the Trademark Dilution Revision Act (TDRA) of 2006, 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.
The Second Edition features expanded discussions and citations of federal, state, and international dilution law. It analyzes major cases including Rosetta Stone v. Google, Starbucks v. Wolfe’s Borough Coffee, Research in Motion Ltd. v. Defining Presence Marketing Group, Inc., Nike, Inc. v. Maher, and Rolex Watch U.S.A. Inc. v. AFP Imaging Corp.
The 2014 Cumulative Supplement includes complete discussion of the Second Circuit’s opinion in Starbucks VI (Starbucks Corp. v. Wolfe’s Borough Coffee, Inc.), dismissing Starbucks’ claim against the makers of “Charbucks” blend; complete discussion of the TTAB’s latest dilution case: Chanel, Inc. v. Makarczyk; new dilution cases in the European Union; extensive discussion of Radiance Foundation v. NAACP, especially with regard to dilution exclusions and defenses; standard of appellate review in dilution cases (Second and Fourth Circuits); discussion of the possible effect of Petrella v. Metro-Goldwyn-Mayer, Inc. (laches and statutes of limitations) on dilution cases; and updates throughout, especially state law, pleading and procedure, and fame.
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