March 2010
Trademark Dilution: When ‘Minimally Similar’ May Be Similar EnoughBy Michael A. Bucci
In Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., the Second Circuit rejected the district court’s determination — based on pre-TDRA case law — that trademark owners must show "substantial similarity" between the trademarks at issue in order to prevail on a dilution by blurring claim under the TDRA. Citing the language of the TDRA, the appellate court found that the new statute required only "similarity," and that even "minimal similarity" could, in the proper case, suffice to support a claim.
Subscribers: click here for the full story
Non-Subscribers: click here to subscribe
Pay per view ($20.00)
