Book

Trademark Dilution: Federal, State and International Law, Second Edition, with 2018 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 2018 Cumulative Supplement adds the following:

  • Coverage of In re Brunetti, the Federal Circuit’s ruling on immoral and scandalous marks, and its implications (along with the Supreme Court’s ruling in Matal v. Tam) for tarnishment claims

  • Updates in the international chapter, especially in the European Union, where a “free riding” dilution concept has become increasingly important

  • New cases throughout the federal and state chapters, updating discussions of fame, dilution factors, and defenses (with an interesting case on the federal registration defense), and an increasing trend toward early resolution

  • In the federal chapters, discussions of dilution cases involving “John Deere green” and the shape of office furniture

 

 

 

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.