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Widerman Malek Law Blog

Amendments to the Lanham Act

  2000: Restructuring of the U.S.P.T.O. In 2000, there were substantial changes to the structure and administration of the Patent and Trademark Office. One important structural change was the separation of the patent and trademark functions into separate operating units within the PTO. The PTO implemented a new position, which was titled the “Director of […]

Trademark Dilution: Blurring v. Tarnishment

  The Federal Trademark Dilution Act (“FTDA”), embodied in Section 43(c)(1) of the Lanham Act, provides that famous marks are eligible for federal protection when a third party’s use of the mark dilutes the famous mark’s distinctiveness, even in the absence of competition, likelihood of confusion, mistake, or deception. Protection against dilution does not exist […]

Proving Trademark Infringement in the Ninth Circuit

  To prevail on a Lanham Act trademark claim in the Ninth Circuit, a plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. The first element is rather easy to prove if one has a […]

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