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Trademark Dilution: When 'Minimally Similar' May Be Similar Enough

By Michael A. Bucci

When Congress enacted the Trademark Dilution Revision Act of 2006 (“TDRA”), the big news was the re-establishment of “likelihood of dilution” as the applicable test for a federal dilution claim. Few, if any, commentators suggested that the TDRA lowered the standard of similarity necessary to prove a dilution claim, and for the first three years of the Act's existence, courts generally treated the standard as if it had not been modified at all.

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