Recent Trademark Dilution Cases Redefine Concept of “Fame”, pp. 173-177
Trademark dilution has been described by one legal commentator as “probably the single most muddled concept in all of trademark doctrine” (Beebe, 2006, p. 1144). Two recent sport-related decisions have, however, served to illuminate the application of the doctrine to sport-related trademarks through interpretation of the 2006 amendments to the Federal Trademark Dilution Act of 1995 (“FTDA”). Both decisions provide guidance to sport-related brands and sport teams, and particularly colleges and universities, that seek to bring dilution claims (typically brought in conjunction with trademark infringement and unfair competition claims).