Academic

Beebe on Antdilution & Trademark

By Lawrence Solum

Barton Beebe (Cardozo Law School) has posted The Continuing Debacle of U.S. Antidilution Law: Evidence from One Year of Trademark Dilution Revision Act Case Law (Santa Clara Computer and High Technology Law Journal, Vol. 24, No. 3, 2008) on SSRN. Here is the abstract:

This article evaluates the results of an empirical study of all reported federal court opinions that analyzed an issue in antidilution law during a one-year period after passage of the Trademark Dilution Revision Act of 2006. The article shows the remarkable extent to which courts continue to treat the dilution cause of action as redundant of - and thus made superfluous by - the infringement cause of action. For all of the legislative and academic attention paid to it, antidilution law continues to have no appreciable effect on the outcomes of federal trademark cases or the remedies issuing from those outcomes.

Full post as published by Legal Theory Blog on June 27, 2008 (boomark / email).