Thursday, January 20, 2005
Interesting reading for trade-marky type people...
J Thomas McCarthy, expert-extraordinaire of trade mark (sorry, "trademark") law over in the US has an article on trade mark (trademark) dilution, in the current volume of the Trademark Reporter, and, excitingly, available in full online here. To quote Larry Solum, download it while it's hot!
Now, of course, I would explain in more detail just what trade mark dilution is, but as McCarthy puts it:
"No part of trademark law that I have encountered in my forty years of teaching and practicing IP law has created so much doctrinal puzzlement and judicial incomprehension as the concept of ‘dilution’ as a form of intrusion on a trademark. It is a daunting pedagogical challenge to explain even the basic theoretical concept of dilution to students, attorneys and judges. Few can successfully explain it without encountering stares of incomprehension or worse, nods of understanding which mask and conceal bewilderment and misinterpretation."So I won't try here. Read the article!
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