The state of trademark dilution law
While trademarks have for a long time been protected against infringement in the United States, federal anti-dilution law, which enables trademark owners to prevent
the gradual weakening or whittling away of the strength of their marks, is relatively
recent and thus unsettled. Since the US Federal Trademark Dilution Act was
implemented in 1996, trademark dilution law has undergone a sea change. Susan
Progoff of Fish & Neave in New York explains that last year's Supreme Court
decision in Moseley v V Secret Catalogue Inc was one of several developments
that have focused attention on this important area of the law.
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