Pork And Beans: Fuel For Dilution By Blurring Claims?

Law360, New York (July 20, 2010, 11:19 AM EDT) -- Over the past six months, two important decisions have issued that are likely to influence how dilution claims are asserted by lawyers and evaluated by judges.

The first decision, in Starbucks Corp. v. Wolfe’s Borough Coffee Inc., 588 F.3d 97 (2d Cir. 2009), held that the Trademark Dilution and Revision Act (“TDRA”) does not require proof of “substantial similarity” between the marks to establish dilution by blurring. The Second Circuit’s decision overruled the standard set within the Circuit and followed by other Courts of Appeal....
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