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Intellectual Property Law
: Guiding Rights Blog#2 Trademark Law Development of 2008: Dilution Dilution
By Mark VB Partridge
Full post as published by Guiding Rights Blog on February 24, 2009 (boomark / email).
Trademark Dilution Act Signed into Law
The Trademark Dilution Act was signed into law last week. The bill overturns the Supreme Court's requirement from Moseley v. V. Secret Catalogue, Inc. that in order to prevail on a trademark dilution claim, the plaintiff must establish the existence of actual dilution, not simply the likelihood of dilution...
In your head
Rebecca Tushnet: Trademark dilution is a cause of action for interfering with the uniqueness of a trademark. For example, consumers would probably not think that “Kodak soap” was produced by the makers of Kodak cameras, but its presence in the market would diminish the uniqueness of the original Kodak mark...
The new dilution bill
Steve Yahn at Editor and Publisher tries to stir up some interest in what should be -- search-term advertising and other flavors of the month aside -- the trademark story of the moment:Embedded deep in H...
Gone in 60 Milliseconds
At long last: Gone in 60 Milliseconds: Trademark Law and Cognitive Science, 86 TEX. L. REV. 507 (2008) (PDF). Abstract: Trademark dilution is a cause of action for interfering with the uniqueness of a trademark...
Court Finds Lessened Standard No Excuse for Delaying Dilution Suit
The July 29 Hobbit Travel decision, which the Las Vegas Trademark Attorney discusses comprehensively here, is of particular interest to STL for its treatment of laches in the context of dilution...
Tushnet on Trademark & Cognitive Science
Rebecca Tushnet (Georgetown University - Law Center) has posted Gone in 60 Milliseconds: Trademark Law and Cognitive Science (Texas Law Review, Vol. 86, p. 507, 2008) on SSRN. Here is the abstract: Trademark dilution is a cause of action for...
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