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Focus (Forum & Focus)

Oct. 21, 2008

Marking the Territory

While the 2006 Trademark Dilution Revision Act was expected to make things easier for the owners of famous marks, recent cases show that trademark dilution remains as unpredictable as ever, write Phillip Haack and Jed Wakefield. - Focus Column

FOCUS COLUMN

By Phillip Haack and Jed Wakefield

In 2006, Congress passed the Trademark Dilution Revision Act. Hailed by some and criticized by others, the act was widely expected to make it easier for the owners of famous trademarks to prevail in claims for trademark dilution. Unlike trademark infringement, which occurs when there is a likelihood of confusion between trademarks, dilution occurs when there is a "lessening of the capacity of a famo...

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