Article
Recent Trademark Dilution Cases Redefine Concept of "fame"
Sport Marketing Quarterly
(2008)
Abstract
This paper offers an overview of trademark dilution law in the USA and then presents two recent sport-related decisions that illuminate the application of the doctrine to sport-related trademarks through interpretation of the 2006 amendments to the Federal Trademark Dilution Act of 1995 ("FTDA"). The first case involves Adidas and dilution involving a national brand while the second involves University of Texas and dilution involving a college team mark. Both decisions provide guidance to sport-related brands and sport teams, and particularly colleges and universities, that seek to bring dilution claims (typically brought in conjunction with trademark infringement and unfair competition claims).
Disciplines
Publication Date
2008
Citation Information
Stephen McKelvey. "Recent Trademark Dilution Cases Redefine Concept of "fame"" Sport Marketing Quarterly Vol. 17 Iss. 3 (2008) Available at: http://works.bepress.com/stephen_mckelvey/19/