Jenner & Block

"Hope for Trademark Owners Facing ‘Blurring’ of Famous Marks," Los Angeles Daily Journal

Partner and Co-Chair of Jenner & Block’s Creative Content practice Steven B. Fabrizio and Partner Gianni P. Servodidio authored “Hope for Trademark Owners Facing ‘Blurring’ of Famous Marks,” the third article for the Creative Content group's monthly column “Content Matters” which appears in the Los Angeles Daily Journal and the San Francisco Daily Journal.  The column discusses matters of interest to and provides analysis of key legal issues facing the creative content community.  In this article, the authors discuss the issue that many famous trademark owners face, the unwanted association with other products or services that can impair or “blur” the distinctiveness of a famous mark. The authors analyze two significant U.S. Circuit Courts of Appeals cases and note that in the most recent case, Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., the 9th Circuit ruled that the Trademark Dilution Revision Act does not require a plaintiff to establish that a junior mark is identical or nearly identical to the famous mark to obtain injunctive relief. The authors conclude that the Court’s interpretation of the dilution statute should favor owners of famous marks, but caution that the manner in which courts analyze the “similarity” factor in future cases is uncertain and will have a substantial impact on the outcome of dilution claims.