Document Type
Article
Publication Date
10-2008
Journal Title
Transnational Law & Contemporary Problems
ISSN
1058-1006
Abstract
Extract:
In the United States, trademark antidilution protection is back—maybe. Proposed by Frank Schechter in the 1920s, adopted in various incarnations in some states over the next few decades, and ultimately introduced in a slightly different form in federal trademark law in 1995, the dilution provisions drew a cool reception in the courts. By the late 1990s, an increasingly restive judiciary was constraining the federal dilution provisions in various ways, most notably by requiring mark owners to prove actual dilution in order to establish liability, a requirement endorsed by the United States Supreme Court in Moseley v. V Secret Catalogue, Inc. Eventually, in 2006, Congress responded by overhauling the federal dilution provisions— specifying a likelihood of dilution standard, redefining the threshold fame requirement, defining dilution by blurring and dilution by tarnishment, and introducing other important changes. Today, courts are only beginning to confront the challenge of applying the amended provision.
First Page
603
Last Page
609
Num Pages
7
Volume Number
17
Issue Number
3
Publisher
University of Iowa College of Law
Recommended Citation
Mark D. Janis & Peter K. Yu,
International and Comparative Aspects of Trademark Dilution,
17
Transnat'l L. & Contemp. Probs.
603
(2008).
Available at:
https://scholarship.law.tamu.edu/facscholar/388
File Type
Included in
Comparative and Foreign Law Commons, Intellectual Property Law Commons, International Trade Law Commons