Post by Sapphire Capital on Aug 14, 2008 21:08:59 GMT 4
The Continuing Debacle of U.S. Antidilution Law: Evidence from One Year of Trademark Dilution Revision Act Case Law
Barton Beebe
Cardozo Law School
Santa Clara Computer and High Technology Law Journal, Vol. 24, No. 3, 2008
Cardozo Legal Studies Research Paper No. 239
Abstract:
This article evaluates the results of an empirical study of all reported federal court opinions that analyzed an issue in antidilution law during a one-year period after passage of the Trademark Dilution Revision Act of 2006. The article shows the remarkable extent to which courts continue to treat the dilution cause of action as redundant of - and thus made superfluous by - the infringement cause of action. For all of the legislative and academic attention paid to it, antidilution law continues to have no appreciable effect on the outcomes of federal trademark cases or the remedies issuing from those outcomes.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1147965_code162802.pdf?abstractid=1147965&mirid=2
Barton Beebe
Cardozo Law School
Santa Clara Computer and High Technology Law Journal, Vol. 24, No. 3, 2008
Cardozo Legal Studies Research Paper No. 239
Abstract:
This article evaluates the results of an empirical study of all reported federal court opinions that analyzed an issue in antidilution law during a one-year period after passage of the Trademark Dilution Revision Act of 2006. The article shows the remarkable extent to which courts continue to treat the dilution cause of action as redundant of - and thus made superfluous by - the infringement cause of action. For all of the legislative and academic attention paid to it, antidilution law continues to have no appreciable effect on the outcomes of federal trademark cases or the remedies issuing from those outcomes.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1147965_code162802.pdf?abstractid=1147965&mirid=2