Civil Litigation,
Intellectual Property
Sep. 17, 2019
Patagonia survives dismissal in trademark suit based on claims of fame
As with so many other intellectual property matters, whether a mark is famous will depend on a case by case analysis. For now, it appears Patagonia can rest a little easier knowing its trademark is famous — at least famous enough to survive dismissal.
David Bowie once said, "fame itself... doesn't really afford you anything more than a good seat in a restaurant." Our love for Bowie notwithstanding, in the intellectual property context, a famous trademark can help secure and assert broader trademark rights. This is where the Trademark Dilution Revision Act (TDRA) comes in. To assert a claim for dilution, the owner of a mark must first show that the mark is "famous." According to Lanham Act Section 43(c)(1), 15 U.S.C...
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