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| | Trademark Dilution |
 | | While the new law is part of the Federal Trademark Law, the statute may be used in state court since there is usually concurrent jurisdiction for the federal trademark law in Federal and State Court. | | | Dilution is specifically defined in the new law. | | | Although dilution has existed for many years, what is significant is that by elevating dilution to a higher status in the law, lawyers and businesspeople alike might be expected to be more conscious of the law in the selection process. |
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http://www.supnik.com/dilute.htm
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| | Ringling Bros.--Barnum & Bailey Combined Shows Inc. v. Utah Div. of Travel Development |
| | And, by specifically defining dilution as "the lessening of the capacity of a famous mark to identify and distinguish goods or services," the federal Act makes plain what the state statutes arguably may not: that the end harm at which it is aimed is a mark's selling power, not its "distinctiveness" as such. | | | The Federal Trademark Dilution Act, which became effective on January 16, 1996, amended Section 43 of the Lanham Act to provide a new cause of action for federal trademark "dilution." Under the Act, the owner of a "famous mark" is given protection "against another person's commercial use. | | | Finally and most telling, there is the fact that in the face of the obvious centrality of "likelihood of dilution" provisions in the interpretation and application of state antidilution statutes for the fifty years of their existence, the federal Act does not so provide. |
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http://lw.bna.com/lw/19990330/971399.htm
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| | CL&M -- Can Dilution Apply to Product Design? |
| | Although the federal dilution remedy covers both competitive and non-competitive uses, the remedy applies only where the parties' marks are identical or "essentially the same," and its "primary purpose" is for "cases of widely differing goods, i.e. | | | No court has flatly ruled that product designs are ineligible for protection under the federal doctrine of dilution; indeed, one of the first federal dilution claims to be decided was Sunbeam Products, Inc. v. | | | The court reasoned that what was copied may be "the beauty of the object and not of the source, and may in fact be good for consumers," who would benefit if copiers were free to copy, bringing increased competition to the market. |
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http://www.clm.com/pubs/pub-1167611_1.html
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| | IPWatchdog.com - Federal Trademark Dilution |
| | When reading dilution cases it is absolutely imperative to distinguish between cybersquatting cases that discuss dilution and non-Internet cases that interpret the FTDA. | | | The Court held that there was no likelihood of confusion and because there the plaintiffs mark was not used in commerce there could be no dilution. | | | As a relatively young theory for federal trademark protection, dilution is a theory that continues to grow and which is continually being defined and re-defined by the US courts. |
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http://www.ipwatchdog.com/dilution.html
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| | Deere.html |
| | In giving content to dilution beyond the categories of blurring or tarnishment, however, we must be careful not to broaden section 368-d to prohibit all uses of a distinctive mark that the owner prefers not be made. | | | The commercial does not appear to be misleading or confusing as to sponsorship, and is in any event not so misleading or confusing as to warrant preliminary injunctive relief as a matter of law. | | | The District Court correctly perceived the instant case to be one of "first impression," particularly because MTD's commercial creates a likelihood of dilution involving neither "blurring" nor "tarnishing" as those terms have generally been understood. |
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http://cyber.law.harvard.edu/metaschool/fisher/integrity/Links/Cases/deere.html
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| | Trademark Dilution (BitLaw) |
| | These state statutes may be of little consequence in the future, since the federal Act specifically states that federally registered marks may no longer be the subject of state law dilution claims. | | | Therefore, it is possible to use a dilution cause of action against users of the same mark even when the defendant's goods and services bears no relation to the goods or services of the famous mark. | | | However, if the plaintiff can show that the defendant willfully sought to "trade on the owner's reputation or to cause dilution of the mark," attorneys fees, monetary damages, and even treble damages would be available. |
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http://www.bitlaw.com/trademark/dilution.html
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| | A Primer on Trademark Law and Internet Addressing |
| | Uses which dilute a famous mark can be stopped using the Federal Dilution Act, though there still must be a mechanism to address dilution of a famous mark where the dilution occurs in a domain used or registered outside the jurisdiction of the United States. | | | Although the court did not call it dilution by tarnishment, this is precisely the sort of use that constitutes tarnishment. | | | The Federal Dilution Act specifically exempts uses of a famous mark that are non-commercial, [119] and even more specifically, uses of the mark for "[a]ll forms of news reporting and commentary." [120] Discussing the legislative history of the Act, the Panavision court stated |
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http://www.loundy.com/JMLS-Trademark.html
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| | Trademark Dilution and a New Merchandising Right |
| | Trademark dilution laws are state enacted laws which protect distinctive marks from injury to reputation and from tarnishment. | | | Likelihood of confusion as to source was unnecessary, the court noting that the mark must be one of sufficient distinction to warrant the statute's special protection, and there must be blurring or tarnishing of the mark sufficient to constitute dilution. | | | The remedy for dilution typically is limited to injunctive relief as opposed to damages. |
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http://www.supnik.com/mer.htm
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| | [No title] |
| | In describing the cause of action for dilution, the FTDA provides that the owner of a famous mark is entitled to an injunction only "subject to the principles of equity and upon such terms as the court deems reasonable." 14 U.S.C. § 1125. | | | Although this list was initially drafted in the context of a state dilution statute, several courts have accepted Judge Sweet's test for determining dilution by blurring under the FTDA. | | | Both parties concede that the standards for dilution under Massachusetts law are very similar to those under the FTDA. |
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http://www.clue.com/legal/hasbro/d2.html
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| | Federal Dilution Trademark Law |
| | Interestingly, the new law also provides that the ownership of a valid federal registration is a complete bar to the assertion of a dilution claim under state law, thereby effectively pre-empting state dilution laws. | | | However, if the defendant willfully intended to trade on the owner's reputation or to cause dilution of the famous mark, the owner of that mark may also be entitled to other remedies available under the United States Trademark Act, including defendant's profits, damages, attorneys' fees, and destruction of the infringing goods. | | | Thus, the new law renders academic the unsettled question of whether a state dilution claim can support injunctive relief against use in another state in which there is no dilution statute. |
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http://www.ladas.com/BULLETINS/1996/FederalDilution.html
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| | Trademark Dilution: The Victoria's Secret Case |
| | IVAN HOFFMAN, B.A., J.D. In “Beanies”: Dilution And Generic Legal Issues”, I discussed the decision in which the United States Court of Appeals for the Seventh Circuit spent considerable time defining the parameters of what might constitute dilution of trademarks under the Federal Trademark Dilution Act (“FTDA”). | | | The Court analyzed the history of dilution as a remedy as well as various state laws and prior cases interpreting the statute. | | | It may well be, however, that direct evidence of dilution such as consumer surveys will not be necessary if actual dilution can reliably be proven through circumstantial evidence--the obvious case is one where the junior and senior marks are identical. |
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http://www.ivanhoffman.com/dilution.html
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| | Document: 9th Circuit Opinion in Avery Dennison Cybersquatting Case, 8/23/99. |
| | Unlike infringement and unfair competition laws, in a dilution case competition between the parties and a likelihood of confusion are not required to present a claim for relief. | | | The court held that the showing on the threshold element under the Federal Trademark Dilution Act was adequate to qualify for a preliminary injunction. | | | The district court then considered the dilution requirement under both statutes, holding that Appellants' use of and caused dilution, or a likelihood of dilution, of "Avery" and "Dennison. |
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http://www.techlawjournal.com/courts/avery/19990823.htm
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| | Hyperlinks, Frames and Meta-tags: An Intellectual Property Analysis |
| | While many states have adopted their own form of trademark dilution law, state dilution generally requires that a mark be distinctive and that the defendant's mark is likely to dilute the plaintiff's mark. | | | The cause of action for dilution under state law alleged that the defendants' actions were likely to "dilute and detract" from the characteristic distinctiveness of the plaintiffs' trademarks, which would lead to damage upon the plaintiffs and the business and goodwill of the plaintiffs' trademarks. | | | First, the Act has addressed the commercial use issue by stating in section 1125(c)(4)(B) that the non-commercial use of a mark shall not be actionable under the anti-dilution provision of the Act. |
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http://www.patentperfect.com/idea.htm
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| | Fed-Soc.org - Trademark Anti-Dilution Laws as Cultural Censorship - Spring 1997 |
| | However, the court found MTD liable for dilution by tarnishment, on the grounds that the parody's unflattering treatment of the Deere mark "risk[ed] the possibility that consumers will come to attribute unfavorable characteristics to [the] mark and ultimately associate the mark with inferior goods and services." Id. at 45. | | | Effective comparative advertising, then, must be able to reinterpret and reconfigure those images. | | | The court seemed to want to restrict comparative advertising to factual comparisons of objectively measurable product characteristics. |
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http://www.fed-soc.org/Publications/practicegroupnewsletters/intellectualproperty/ip010203.htm
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| | Alternative Medicine and the Laws of Physics (Skeptical Inquirer September 1997) |
| | "Infinite dilution" is one such procedure used by chemists. | | | As for homeopathic remedies that exceed the dilution limit, a better analogy might be to the flapping of a caterpillar's wings. | | | Hahnemann could not have known that in his preparations he was, in fact, exceeding the dilution limit. |
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http://www.csicop.org/si/9709/park.html
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| | Dilution of Dog Coat Colors |
| | Although one might first assume that she has diluted both phaeomelanin and eumelanin, this is not the case. | | | He further states that phaeomelanin will be diluted before and more than eumelanin. | | | Another example of dilution of phaeomelanin only occurs in Tervuren. |
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http://skyway.usask.ca/~schmutz/dilutions.html
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| | FAQ about Protest, Parody and Criticism Sites -- Chilling Effects Clearinghouse |
| | The federal government only recently enacted anti-dilution legislation; see the Federal Trademark Dilution Act at 15 USC 1125(c). | | | In determining whether a mark is famous, a court will consider a list of eight factors, found in the 1996 Federal Anti-Dilution Act. | | | The Federal Anti-Dilution Act of 1996 provides that an owner of a famous mark is entitled to an injunction where a defendant's use of the mark causes dilution of the distinctive quality of the owner's famous mark. |
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http://www.chillingeffects.org/protest/faq.cgi
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| | Dilution Calculations |
| | Last, carry out the necessary calculations to get, in this case,.020 M. | | | Consequently, you also need to be familiar with the calculations that are associated with dilutions. | | | For example, if you needed a one molar solution you could start with a six molar solution and dilute it. |
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http://dl.clackamas.cc.or.us/ch105-04/dilution.htm
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| | Dilution Attenuation Factors in Susceptibility Assessments - A GIS based method |
| | This equation includes a Lateral Dilution Factor (LDF) representing the dilution of constituents entering the aquifer. | | | Equation 1 yields a Dilution Factor (DF), which is the first term required for the Dilution Attenuation Factor, | | | Based on the number of sources, the magnitude of contaminants introduced at these sources and the DAF, susceptibility of the water supply to a specific constituent can be determined. |
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http://gis.esri.com/library/userconf/proc02/pap0927/p0927.htm
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| | Dilution - Definition |
| | Information about the company's issuing and buying back stock is shown in the "financing" section of the cash flow statement. | | | The number of shares increases when the company offers new stock to the public to raise cash; or when employees exercise their stock options; or when holders of convertible bonds convert their bonds to stock. | | | Companies that can afford to will frequently buy back issues of stock to fight dilution. |
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http://www.moneychimp.com/glossary/dilution.htm
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| | [No title] |
| | This is the reverse of the more common "cream" dilution (responsible for palomino/buckskin/cremello colors), in which the foals are usually born a lighter color, and then become darker when they shed their foal coats. | | | If dappling is present, it is usually of the reverse type in which the center of the dapple is darker. | | | An iridescent sheen is seen in a number of other breeds (such as the Akhal-teke). |
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http://members.aol.com/battyatty/champagne.htm
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| | Dilution Plating |
| | Page content was last modified on 8/25/04 at 6:30 PM, CDT. | | | Making serial decimal dilutions (i.e., successive 1/10 dilutions, each made by adding one part of inoculum to 9 parts of diluent) and inoculating one ml into each of the plates, we can construct a plating procedure (shown at right) that is equivalent to the above. | | | (i.e., 1/10,000) dilution of soil in the same experiment, we could figure out the CFUs per gram of the soil the same way, remembering that we consider milliliters and grams to be equivalent : |
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http://www.jlindquist.net/generalmicro/102dil1.html
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| | Microbiology - Serial Dilution |
| | The first 10-fold dilution is termed the 10-1 dilution. | | | An undiluted solution is termed the 100 dilution. | | | This may be a chemical solution, or a suspension of bacteria or bacteriophage. |
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http://rothlab.ucdavis.edu/protocols/M04.html
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| | SUE - SPERM DILUTION |
| | A sample is diluted 1:1 with a solvent (sea water in the case of sea urchin sperm). | | | This is a 1:1000 dilution (10ml = 10,000 ul, so 10,000/10 = 1000). | | | Being able to do a serial dilution of sperm concentration is essential to being able to do experiments in fertilization and development with sea urchins. |
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http://www.stanford.edu/group/Urchin/sperm-d.htm
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| | Kodak HC-110 Developer - Unofficial Resource Page |
| | For more information see Kodak's press release, Kodak's revised development times, and the general information available on www.kodak.com. | | | This is a function of solvent action, which is reduced by diluting the developer. | | | However, it's generally agreed that Kodak's published time of 7.5 minutes for TX in dilution B was a bit long. |
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http://www.covingtoninnovations.com/hc110
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| | Dilution refrigerator - Wikipedia, the free encyclopedia |
| | He-poor phase cannot have less than 6% helium-3 at equilibrium, even at absolute zero, dilution refrigeration can be effective at very low temperatures. | | | The volume in which this takes place is known as the | | | A dilution refrigerator is a cryogenic device first proposed by Heinz London. |
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http://en.wikipedia.org/wiki/Dilution_refrigerator
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| | Dilution problems |
| | Actually one can use Molarity or mass % as the concentration term so you could have the following alternative where mass % is used: | | | The most important thing to remember concerning dilution is that you are only adding solvent. | | | You are not adding solute when you dilute. |
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http://members.aol.com/profchm/dilution.html
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| | Dilution Calculations |
| | Dilution calculations are easy when you're in the middle of your chemistry class in college. | | | However, if you haven't done one in quite some time, it's easy to make mistakes. | | | The Chemical Engineers' Resource Page, 1442 Goswick Ridge Road, Midlothian, VA 23114, Email |
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http://www.cheresources.com/dilutionzz.shtml
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| | Dilution of Solutions Calculations |
| | Calculate the volume to which 500mL of 0.02M coppper sulfate solution must be diluted to make a new concentration of 0.001M. | | | Since M = n ÷ V, and n (the moles of solute) is the same for the original solution and the new diluted solution, it follows that M | | | Enter the original concentration of solution |
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http://www.ausetute.com.au/dilucalc.html
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| | CPEA Creme Gene Facts |
| | A Black horse that recieved one copy of the creme dilution gene from one of its parents, but probably looks no different than any other black or brown horse. | | | Or, Click here if you want to see what color possibilities there are with matings between the different colors. | | | A Black based horse with the "bay" gene, which restricts the black to the mane, tail and legs (also called black "points") and no dilution gene |
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http://www.doubledilute.com/color-chart.htm
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