Robert C. Bird
Executive Summary
This article assesses the impact of the Supreme Court decision Moseley v. V Secret Catalogue Inc. on methods of proving trademark dilution in federal court. The article surveys federal court decisions that have interpreted Moseley's rulings on trademark dilution. It concludes that brand owners are most successful in federal court when the challenged junior user's brand is identical to the senior user's brand.
In light of results that indicate the minimal role of consumer surveys in post-Moseley cases and that such surveys are susceptible to rejection by courts, the article suggests alternative survey approaches that best satisfy Moseley's rigorous requirements.
Biography
Robert C. Bird is Assistant Professor of Legal Studies at the University of Connecticut. Robert received is BS in Information Systems from Fairfield University (1993) and his JD and MBA from Boston University (1996, 1998). Robert's research interests include relational contract theory, trademark dilution, compulsory licensing, international intellectual property issues, and wrongful discharge law. In 2004, Robert received the Junior Faculty of the Year award from the Academy of Legal Studies in Business. Robert is a staff editor on American Business Law Journal and Journal of Legal Studies Education and former president of the North Atlantic Regional Business Law Association. Robert has published research articles in the American Business Law Journal, William & Mary Journal of Women & the Law, Cincinnati Law Review, Kentucky Law Journal, and The Trademark Reporter. His research may be found on SSRN at: http://ssrn.com/author=56987.
Journal of Public Policy & Marketing, Vol. 26, No. 2, Fall 2007
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