Intellectual Property
Dec. 3, 2003
Federal Law Requires Actual Dilution to Protect Trademark
Focus Column - Intellectual Property - By Alan M. Kindred - On March 4, in Moseley v. V Secret Catalogue Inc. , 123 S.Ct. 1115 (2003), the U.S. Supreme Court resolved an unsettled dispute in federal trademark-dilution law. The issue was whether the owner of a famous and distinctive mark must show actual dilution or only a likelihood of dilution to be entitled to relief under the Federal Trademark Dilution Act, 15 U.S.C. Section 1125(c).
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