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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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