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Trademark Parody: Have We Lost Our Sense of Humor?

Trademark Parody: Have We Lost Our Sense of Humor?. Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta. Trademark Law. Combination of federal and state law Federal law derives from Commerce Clause. Trademark Infringement.

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Trademark Parody: Have We Lost Our Sense of Humor?

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  1. Trademark Parody: Have We Lost Our Sense of Humor? Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta SEALSB - October 27, 2002

  2. Trademark Law • Combination of federal and state law • Federal law derives from Commerce Clause

  3. Trademark Infringement • “Likelihood of Confusion” standard

  4. Trademark Dilution • Dilution by blurring • Dilution by tarnishment • By 1996 28 states had anti-dilution laws • Federal Trademark Dilution Act of 1996

  5. Starbucks v. Dwyer (2000)

  6. Starbucks v. Dwyer (2000)

  7. Federal Trademark Dilution Act • “famous” mark • “commercial use in commerce” • “causes dilution of the distinctive quality of the mark”

  8. Exemptions to FTDA • Fair use in comparative advertising • Noncommercial use • News reporting and commentary

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