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.
New in the 2017 Cumulative Supplement:
The impact of the Supreme Court’s decision in Mattal v. Tam, finding the Lanham Act’s provision barring registration of disparaging marks to be unconstitutional. Although the decision involved registration, its implications for dilution, especially tarnishment, are very broad. (Chapters 8-10)
The Second Circuit affirmed the fair use decision involving Louis Vuitton and “My Other Bag” (Chapter 10), plus many new cases, affirming existing trends, are added throughout the Supplement
Action involving state dilution laws, possibly due to a recognition by trademark owners that demonstrating fame under the TDRA is not as easy as it was under the original federal statute (Chapters 2–5)
Citations to dilution statutes around the world, including new case law in Europe, Hong Kong, and Canada, and case law updates tracking global trademark dilution developments (Chapter 15)
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