The Fame Standard for Dilution in the United States and European Union Compared

Journal of Transnational Law and Contemporary Problems, Vol. 18, No. 3, 2008

29 Pages Posted: 9 Jul 2008 Last revised: 26 Jul 2008

See all articles by Ilanah Simon Fhima

Ilanah Simon Fhima

Institute of Brand and Innovation Law, Unversity College London

Date Written: July 8, 2008

Abstract

This article considers the degree to which fame is required to successfully make out a dilution claim in both the United States and the European Union. Arguably, there is a great deal of subconscious convergence in trademark law generally, and dilution in particular in the two jurisdictions. However, this article argues that the fame standard is the exception to this rule.

Keywords: dilution, famous marks, antidilution, european union

JEL Classification: K00, O34

Suggested Citation

Simon, Ilanah, The Fame Standard for Dilution in the United States and European Union Compared (July 8, 2008). Journal of Transnational Law and Contemporary Problems, Vol. 18, No. 3, 2008, Available at SSRN: https://ssrn.com/abstract=1156826

Ilanah Simon (Contact Author)

Institute of Brand and Innovation Law, Unversity College London ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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