BOOK

Trademark Dilution: Federal, State and International Law, Second Edition, with 2015 Cumulative Supplement

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.

MEET THE AUTHOR

DESCRIPTION

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 2015 Cumulative Supplement adds the following new content:

  • New, complete coverage of the Fourth Circuit’s decision in Radiance Foundation v. NAACP on the issues of tarnishment, fair use, and noncommercial use (Chapters 9 and 10)
  • Thorough discussion of the Trademark Trial & Appeal Board’s precedential opinion in New York Yankees Partnership v. IET Products, regarding fame, dilution by blurring, and the effect of parody in TTAB dilution decisions.  Also, coverage of the new TTAB dilution decision involving the McDonald’s mark, focusing on the analysis of fame in the context of a family of marks.  (See especially Chapters 8, 9, and 13.)
  • New analysis of the Federal Circuit’s decision in Apple, Inc. v. Samsung Electronics, Inc., relating to trade dress and functionality.  (Multiple chapters)
  • Discussion of the dilution litigation in the United Kingdom between Thomas Pink and Victoria’s Secret over the PINK mark.  (Chapter 15)
  • Plus, updates throughout on new developments in state, federal, and international dilution law

 


AUTHOR

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
David S. Welkowitz is a Professor of Law at Whittier Law School, Costa Mesa, Calif. He has taught several intellectual property courses including Trademark Law, International Intellectual Property, and Comparative Rights of Publicity.

CONTENTS

View full tables of contents and read the book’s preface or introduction.