Ruling creates a split in dilution jurisprudence; rather than waiting for the Supreme Court, owners may ask Congress for assistance
Article Abstract:
The article discusses the interpretation of the Federal Trademark Dilution Act of 1995 (FTDA) by the United States Court of Appeals for the 4th Circuit's ruling Ringling Bros.-Barnum & Baily Combined Shows, Inc. v. Utah Divisoion of Travel Development. The court dismissed the claim, holding that actual economic harm is necessary to prove the dilution occurred, but the 2d Circuit rejected the Ringling Bros. holding in its 1999 case, Nabisco, Inc. v. PF Brands, Inc., holding that an FTDA injunction may be appropriate before the actual dilution has occurred.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
How do you value intangible assets? Specialists focus on ways of measuring holdings that don't appear on balance sheets
Article Abstract:
Ways of valuing intangible assets are discussed, and experts have suggested that accounting for such assets move from a cost-based to a value-based model. Experts have also suggested that initial safe-harboring of intangible asset reporting would limit fear of shareholder lawsuits.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
A court known for balance, intellect; erudition, rather than politics, is the court's order of the day
Article Abstract:
The influence of New York on the cases heard by the United States Court of Appeals for the 2d Circuit since it is located in mid-Circuit and is the center of national commerce and finance is discussed. Media, labor relations, immmigration, and maritime law are other subject areas.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Constitutional substantial-evidence review? Lessons from the Supreme Court's Turner Broadcasting decisions. Stare decisis and the Constitution: an essay on constitutional methodology
- Abstracts: Progress and jurisprudence of the International Criminal Tribunal for the Former Yugoslavia. Amplifying the World Court's jurisdiction through counter-claims and third-party intervention
- Abstracts: Del Monte Dunes v. City of Monterey: will the Supreme Court stretch the takings clause beyond the breaking point?
- Abstracts: The prudent operator standard: applications beyond the oil and gas lease. The mutual benefit implied covenant for oil and gas royalty owners
- Abstracts: D.C. Circuit heard Clinton, Microsoft and more; in an 'exceptional' year, the court handled headline matters as well as routine appeals