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4 Legal Issues J. 91 (2016)
Why Blurring Is a Conceptually Difficult Area of Trademark Law

handle is hein.journals/uklwetrew4 and id is 242 raw text is: Why Blurring is a Conceptually Difficult Area of Trademark Law Saquib Rahmant Abstract: US Courts have either preferred to address dilution-by- blurring as trademark infringement, or have involuntarily misunderstood the concept as infringement in the past. Even upon recognition of 'blurring' as a separate claim, decisions of the courts with regards to the determination of dilution-by-blurring have differed from one another. Alongside the definition of blurring, this paper critically evaluates how blurring has become a conceptually difficult area of trademark law. Although the latest revision law in the US is believed to have immensely contributed to the better understanding of blurring, this paper identifies certain areas, addressing which would better conceptualize dilution-by- blurring. Keywords: Trademarks, Trademark dilution, Dilution-by-blurring, Intellectual property law. 1. EXPLORING DILUTION-BY-BLURRING Symbols or words are traditionally trademarks when individuals or corporations use them for the purpose of identifying or differentiating their goods or services.' In modern times, however, slogans2, colours3, smells', t LLM (International Corporate Governance & Financial Regulation), University of Warwick; Lecturer of Law at the University of Asia Pacific in Bangladesh. 1 Lynda Oswald, 'Tarnishment and Blurring under the Federal Trademark Dilution Act of 1995' (1999) 36 American Business Law Journal, 255, 255. 2 Andrew Terry and Chloe Chittock, 'Shapes And Slogans As Trade Marks: Developments In Case Law' (2010) 18 Journal ofBrand Management 174, 175. 3 Samuel Londesborough, 'Should Colours Be Protected By Trade Mark Law? What Problems May Arise In Protecting Them?' (Undergraduate, University of Kent) 18.

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