Federal Dilution act at 5: a qualified success story; owners of famous marks have found relief, although circuits split over issue of actual harm

Article Abstract:

Whether the Trademark Dilution Act has accomplished its purpose of protecting famous marks when traditional trademark confusion does not apply is analyzed. The differences on dilution which have emerged between the circuits in the 5-year history of the act are discussed.

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Trademark law; Trademark Dilution Act

Article Abstract:

The Trademark Dilution Act of 1996 and rulings analyzing this law are discussed. This law expanded the protection available to trademark holders and trade dress users by by liberalizing obtaining preliminary and permanent injunctive relief.

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Circuits struggle with dilution law's lack of clarity; inherent ambiguity in the 1996 Federal Trademark Dilution Act results in conflicting decisions

Article Abstract:

Issues are discussed regarding the ambiguity in the Trademark Dilution Act. Some of the conflicting decisions resulting from this situation are discussed and suggestions for the clearance process are given.

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