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4 UCLA Ent. L. Rev. [i] (1996-1997)

handle is hein.journals/uclaetrlr4 and id is 1 raw text is: UCLA ENTERTAINMENT LAW REVIEW Volume 4 Issue 1 Fall 1996 ARTICLES Oh Deere, What's to Become of Dilution? (A Commentary on the New Federal Trademark Dilution Act) David S. Welkowitz ............................ 1 The new Federal Trademark Dilution Act changes the standard for trademark infringement. Formerly, likelihood of confusion was required for an infringement action to succeed. Now, so-called famous trademarks will receive broader protection if the infringing use merely dilutes the protected mark's selling power, regardless of whether consumers actually are confused about which product the trademark represents. The new law may safeguard control of a mark more than it defends against infringement. The recent case of Deere & Co. v. MTD Products, Inc. is examined in detail, as illustrative of the problems with new federal standard. State law distinctions for trademark infringement are also discussed, particularly as they may influence the interpretation of federal law. Bad Artists Copy. Good Artists Steal.: The Ugly Conflict Between Copyright Law and Appropriationism Debra L. Quentel ............................. 39 By definition, appropriationist artists will not only be possibly denied protection under the current copyright law, but they will also technically infringe on the protected works of others. In her article, Professor Quentel analyzes the conflict between present American copyright law and appropriationists-one segment of the modem art world. The author proposes amendments to the copyright Act of 1976 in order to broaden the scope of protection and eliminate some infringing uses under the current law. In so doing, the author strongly advocates for protection of various types of art without resorting to a judgment of artistic merit, a forbidden practice - under the founding ideas of copyright law.

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