Chicago IP Attorney & Lawyer : R. David Donoghue : Chicago IP Litigation Blog

Congress enacted the Trademark Dilution Revision Act (the "TDRA") about one year ago in an effort to resolve numerous open trademark issue.*  Many believe that the TDRA has opened more questions than it answered.  The University of Michigan Law Review's First Impressions blog recently addressed those issues with a series of articles:

• Dilution's (Still) Uncertain Future
  Graeme Dinwoodie, Chicago-Kent College of Law
  Mark Janis, University of Iowa College of Law
  Looking at the litigation history of trademark dilution.

• What is Dilution, Anyway?
  Stacey Dogan, Northeastern University School of Law
  Considering the underlying meaning of dilution.

• The Trademark Dilution Revision Act of 2006: A Welcome — and Needed — Change
  Dale Cendali & Bonnie Schriefer, O'Melveny & Myers LLP
  Explaining why the TDRA clarifies and strengthens First Amendment protections.

• The Dilution Solution: Populating the Trademark A-list
  Scott Wilcox, University of Michigan Law School
  Looking at the court as arbiters of fame.

*  For more on the TDRA, click here for the Blog's archives and click here for the Seattle Trademark Lawyer’s coverage of the TDRA's first anniversary.

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I have been meaning to highlight the University of Michigan Law Review's recent Supreme Court, Federal Circuit, and Patent Law edition for some time.  The day before the Michigan-Ohio State match-up for the Big Ten title and a trip to the Rose Bowl seems like an appropriate time to do it.  The article contains excellent analysis of the future of patent law and the effects of recent Supreme Court rulings, in particular KSR.  The specific articles are:

• Rebecca S. Eisenberg, The Supreme Court and the Federal Circuit: Visitation and Custody of Patent Law
  
• John F. Duffy, KSR v. Teleflex: Predictable Reform of Patent Substance and Procedure in the Judiciary
  
• Harold C. Wegner, Making Sense of KSR and Other Recent Patent Cases
  
• Robert A. Armitage, Now That the Courts Have Beaten Congress to the Punch, Why Is Congress Still Punching the Patent System?
  
• Stephen G. Kunin & Andrew K. Beverina, KSR's Effect on Patent Law

Each article is worth the read, perhaps as you watch the game tomorrow.

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