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Full-Text Articles in Entertainment, Arts, and Sports Law
Disparaging Trademarks: Who Matters, Jasmine C. Abdel-Khalik
Disparaging Trademarks: Who Matters, Jasmine C. Abdel-Khalik
Faculty Works
For more than a century, non-majority groups have protested the use of trademarks comprised of or containing terms referencing the group — albeit for various reasons. For those trademarks that are offensive to targeted groups, some may argue that the market will solve. In other words, some may assume that purchasers in the marketplace will respect the objection, there will be insufficient purchases of the product under the mark, and the mark will disappear. However, objections raised by smaller populations in the United States often fall on deaf ears, and the marks continue to be used in the marketplace. The …
Is A Rose By Any Other Image Still A Rose? Disconnecting Dilution’S Similarity Test From Traditional Trademark Concepts, Jasmine C. Abdel-Khalik
Is A Rose By Any Other Image Still A Rose? Disconnecting Dilution’S Similarity Test From Traditional Trademark Concepts, Jasmine C. Abdel-Khalik
Faculty Works
Federal dilution doctrine suffers the typical growing pains of an adolescent struggling to determine its identity and boundaries. Congress did not create a federal dilution claim until 1995 and significantly amended in 2006. As currently conceived in the Lanham Act, a federal dilution by blurring claim involves the owner of a famous, [senior] mark bringing suit against the owner of a junior mark, which must be used after the senior mark has achieved fame, but only if the junior mark is sufficiently similar to impair the distinctiveness of the senior mark. The statute identifies several factors that can be used …