EBay Victory Clarifies Trademark Dilution

Law360, New York (November 29, 2007, 12:00 AM EST) -- The United States Court of Appeals for the Ninth Circuit issued an important ruling on Nov. 5, 2007 on how similar trademarks must be to prove trademark dilution, in a victory for eBay Inc. against online perfume seller PerfumeBay.com Inc.

Federal and California law protects owners of famous trademarks against “dilution by blurring” — an association arising from a similarity between a trademark or name and a famous mark that impairs the distinctiveness of the famous mark, regardless of whether the products compete or consumers would...
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