Open Access. Powered by Scholars. Published by Universities.®
Entertainment, Arts, and Sports Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entertainment, Arts, and Sports Law
An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista
An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista
Loyola of Los Angeles Entertainment Law Review
This Article is a comprehensive examination of the use of consumer surveys in trademark litigation cases at the federal level. Previous research has shown consumer surveys can be critical to the outcome of trademark litigation, as they measure the idiosyncratic mental associations and reactions of prospective consumers. For this Article, this study examined 843 trademark infringement and dilution cases spanning 2007 to 2017. The findings reveal consumer surveys are not utilized in trademark litigation as often as research suggests they should be. While consumer surveys are not required in trademark litigation, nor necessarily easy or inexpensive to com- mission, this …
The Trademark Dilution Revision Act's Nullifying Effect On Famous Mark Holder's Dilution Claims, Kathleen Bodenbach
The Trademark Dilution Revision Act's Nullifying Effect On Famous Mark Holder's Dilution Claims, Kathleen Bodenbach
Marquette Intellectual Property Law Review
This comment will address how the TDRA has left famous mark holders, particularly high-end fashion house Louis Vuitton, with little in its arsenal to prevent others from mocking and devaluing its marks despite its worthy efforts. Part II addresses the relationship between trademark infringement, dilution, and parody. Part III takes a closer look at fashion giant Louis Vuitton’s strides to protect its famous marks and the courts’ differing approaches to assessing whether a parody exists. Part III also addresses the relationship between parody when it does and does not operate as a designation of source. Part IV offers a discussion …