Famous and Well-Known Marks Committee Announces Dilution Case Law Database

Published: August 1, 2019

The U.S. Subcommittee of INTA’s Famous and Well-Known Marks Committee (FWKMC) is pleased to announce a comprehensive U.S. Dilution Case Law Database, addressing dilution and other legal issues related to famous marks. The Database can be found here, or by navigating to the Policy and Advocacy page on the INTA website and selecting the Committee Reports Section.

The new database is in furtherance of FWKMC’s ongoing efforts to develop and advocate INTA’s policy regarding the balanced protection of famous and well-known marks. The Committee’s work includes report and submission writing, and advocacy in conjunction with relevant Association committees and staff.

Over the past two Committee terms (2016‒2017 and 2018‒2019), the U.S. Subcommittee identified a comprehensive list of U.S. case law decisions that were precedential or otherwise notable. The Subcommittee then analyzed and summarized each case.

Structure and Functionality

The database, which includes cases ranging from 2003 through 2016, can be downloaded as an Excel file, and is composed of two parts:

The first section-spanning columns A through W-contains a binary analysis of the U.S. case law. This information can be filtered, allowing users to sort the data as well as run pivot tables to analyze the case law data from a comprehensive perspective.

The second section-contained in columns X through AG-comprises a summary of each case, including citations. This section provides a thumbnail sketch of each case, and includes sufficient information to facilitate further investigation.

Continued Updates

The U.S. Subcommittee will update the database periodically in an effort to include current notable cases. Please note that, while this database is comprehensive and contains a wealth of useful information, INTA members should always rely on their own expertise, research, and analysis. Moreover, while the database provides a high-level overview of U.S. case law addressing dilution, users should always read and interpret the underlying cases before relying on them in briefs or before a court of law.

In Appreciation

The U.S. Subcommittee would like to extend its sincere gratitude to the following individuals for seeing this project through to completion:

  • Mitch Stabbe (Wilkinson Barker Knauer LLP, USA),Task Force Chair 2019‒2020
  • Howard Hogan (Gibson Dunn & Crutcher, USA), Task Force Chair 2016‒2018
  • Lisa Iverson (Friedman Law Group Ltd., USA), Database Insights Task Force Chair 2019‒2020
  • Lee Eulgen (Neal Gerber & Eisenberg, USA), U.S. Subcommittee Vice Chair
  • Deborah Cohn (INTA Senior Director of Government Relations, USA)
Should you have feedback or questions regarding the Database, please contact FWKMC staff liaison Jennifer McDowell at [email protected].

INTA’s Washington, D.C., Representative Office represents the Association’s 2,361 members in North America. Working in collaboration with staff at INTA’s headquarters in New York City, the Washington, D.C., Representative Office leads the Association’s policy, membership, marketing, and communications initiatives in Canada and the United States. To learn more about INTA’s activities in the region, please contact INTA Director of Government Relations Jennifer McDowell at [email protected].

Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers are urged to check independently on matters of specific concern or interest.

© 2019 International Trademark Association