Law360, New York (May 5, 2011, 12:09 PM EDT) -- On Feb. 8, the U.S. Court of Appeals for the Ninth Circuit ruled that the identical or nearly identical standard for similarity in a dilution-by-blurring claim did not survive the Trademark Dilution Revision Act of 2006 (TDRA). Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., No. 09-16322, 2011 U.S. App. LEXIS 2361 (9th Cir. Feb. 8, 2011).
Specifically, it held:
"Thus, the plain language of 15 U.S.C. § 1125(c) does not require that a plaintiff establish that the junior mark is identical, nearly identical or...
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