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Recommended Reading: David S. Welkowitz on "Famous Marks Under the TDRA"

The latest issue of The Trademark Reporter includes an excellent article by Professor David S. Welkowitz of Whittier Law School, entitled "Famous Marks Under the TDRA," 99 Trademark Reporter 983 (July-August 2009). What a pleasure it is to read such a well-written, informative, and thought-provoking work.Professor Welkowitz's goal is to "explain the proper role of fame in our understanding of the role of dilution as part of trademark protection." He points out that the concept of fame was introduced into the dilution discussion during the deliberations over the Trademark Law Revision Act (TLRA) in 1987. The term "famous" found its way into the Federal Trademark Dilution Act (FTDA) in 1995, although it was defined only indirectly.An express definition "famous" appeared in the Trademark Dilution Revision Act (TDRA) in 2006: "a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark's owner...continue to full post

Full post as published by The TTABlog on August 12, 2009 (boomark / email).