Tossing The 'Identical Or Nearly Identical' Standard

Law360, New York (March 7, 2011, 1:43 PM EST) -- On Feb. 8, the Ninth Circuit decided Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., Case No. 09-16322, in favor of Levi Strauss, ruling that a district court erred when it applied the legal standard of the Federal Trademark Dilution Act (FTDA) requiring that a junior mark be "identical or nearly identical" to the senior one in order to prevail on a claim of trademark dilution.

The Ninth Circuit panel found that this standard did not survive Congress's adoption of the Trademark Dilution Revision...
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