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Tag Archives: Dilution
On the Dilution of Market Power
Sergey Kokovin (National Research University Higher School of Economics); Mathieu Parenti (National Research University Higher School of Economics); Jacques-Francois Thisse (National Research University Higher School of Economics); and Philip Ushchev (National Research University Higher School of Economics) provide thoughts On… … Continue reading
Naked Cowboy – Dilution or Parody
Robert Burck, the famous entertainer who parades through Times Square in his underwear, cowboy hat and guitar, trademarked his character in the entertainment field several years ago. Recently, CBS depicted a strikingly similar non-attired character, "Oliver", on spots to promote … Continue reading
Sixth Circuit: Adult Products Create Rebuttable Presumption of Trademark Dilution
The long-running dispute between the internationally-known lingerie retailer Victoria's Secret and the small retailer Victor's Little Secret has finally come to an end now that U.S. Supreme Court refused its certiorari request. Over a decade ago, Victoria's Secret sued Victor … Continue reading
Posted in Advertising Law
Tagged Adult, Circuit, Create, Dilution, Presumption, Products, Rebuttable, Sixth, Trademark
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Degrees of Dilution — How Close is Not Close Enough?
On February 8, 2011, the Ninth Circuit joined the Second Circuit in deciding that, under the federal Trademark Dilution Revision Act of 2006 (TDRA), owners of famous trademark do not need to show that an allegedly dilutive mark is "identical," … Continue reading
The New Dilution Similarity Standard Is Very Different – Levi Strauss v Abercrombie
Are these pocket stitching designs 'identical or near identical – essentially the same and not just similar'? Or do they merely possess a degree of similarity such that the top design impairs the distinctiveness of the lower design? If you … Continue reading
Posted in Advertising Law
Tagged Abercrombie, Different, Dilution, Levi, Similarity, Standard, Strauss, Very
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