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Trade Mark Dilution in Europe and the United States

Trade Mark Dilution in Europe and the United States

Author: Ilanah Simon Fhima
Publisher: Oxford University Press
ISBN: 9780199563203
Published In: November 2011
Format: Hardback
Jurisdiction: Europe, U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

The only comprehensive comparison of EU and US protection against trade mark dilution
Identifies clear, workable tests for all the elements of the dilution action
Provides an in-depth analysis of the latest legal developments in the field of dilution, allowing practitioners to plan trade mark protection strategy accordingly
The first systematic analysis of major cases and legislative amendments, including the Trademark Dilution Revision Act 2006 in the US and the Intel and L'Oreal v Bellure cases in Europe
Examples are drawn from registry decisions applying the court decisions, as well as court cases, allowing readers to see the tests for dilution in operation in areas where little case law is in existence

The only comparison of EU and US protection against trade mark dilution, this book provides a complete overview of the dilution action, enabling practitioners to better protect trade marks against dilution or to combat dilution claims. Through clear and practical tests for the different types of dilution, this book demonstrates how to prove that a mark is famous, how to prove blurring, tarnishment and unfair advantage and how to prove lack of due cause. It gives clear guidance on the meaning of association and the role of similarity of goods, as well as the US dilution defences, the level of proof required and the 'actual versus likely' dilution question.

By examining the justifications offered for dilution, the book places the dilution action in the wider context of the trade mark system, allowing readers to understand the issues behind the law and to consider whether the law appropriately meets these justifications. It considers the fundamental questions raised about trade marks, including whether the main aim of trade marks is to protect the public from being confused, or the investment of trade mark owners in building up their reputations. The book also considers how well the EU and the US take these questions into account in balancing the interests of trade mark owners, their competitors and the public through the dilution action.

Dilution is at the cutting edge of trade mark law, extending its protection beyond traditional boundaries to situations where defendants using trade marks are not causing confusion. This book provides practitioners with all the information they need both to protect trade marks against dilution and to prevent them being the subject of dilution claims.

Readership: Practitioners and academics specialising in trade mark law, and intellectual property law more generally, including trade mark and patent attorneys. The book is also of interest to students interested in intellectual property, reference libraries, and trade mark examiners and hearing officers.

I. Introduction

1.: Dilution basics

II. Qualifying for Protection

2.: The Fame/Reputation Standard

3.: Showing an Association Between the Marks

Part III. Types of Harm

4.: Blurring

5.: Tarnishment

6.: Unfair Advantage and Misappropriation

Part IV. Defences

7.: Free Speech and Dilution

Part V. Conclusion

8.: Conclusion;

Ilanah Simon Fhima, University College London

Ilanah Simon Fhima is Lecturer in Law at the Faculty of Laws, University College London. She is also co-director of UCL's Institute of Brand and Innovation Law