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University of Miami School of Business Administration Ann M. Olazábal, Anita Cava, and René Sacasas, Editors University of Miami School of Business Administration Editors’ Note: This is the last print issue of JAMS in which the proof necessary to establish dilution under the Federal “Marketing & the Law” section will be published. Future Trademark Dilution Act of 1995, ultimately imposing a editions of this section will appear as a regular JAMS online nearly impossible standard requiring proof of “actual supplement via SpringerLink at http://www.springerlink.com/ dilution.” This eliminated the cheaper and easier alternative content/120573/. For submissions, please contact the new of presenting circumstantial evidence of dilution. Beyond managing editor, Dr. Patricia Abril, at pabril@miami.edu. that, many commentators felt the Court’s decision in Moseley raised more questions about dilution than it answered, leaving open such basic issues as what proof Making Sense of Trademark Dilution would establish actual dilution, when circumstantial (again): The Trademark Dilution Revision evidence might suffice, and whether long-established Act of 2006 tarnishment claims (e.g. halting the use of the Coca-Cola DOI: 10.1007/s11747-008-0094-0 trademark as a symbol representing the illegal drug cocaine) were even viable at all. Even a fashion magazine There is little doubt that brand management
Journal of the Academy of Marketing Science – Springer Journals
Published: Jun 18, 2008
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