Making Sense Out of Trademark Dilution: The Challenge of Proving (and Defending Against) Dilution Claims

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Credit General:1.0

Tag(s) Intellectual Property

Description

Nebraska MCLE #239228. 1.0 CLE Hours. (OnDemand credit)
Iowa MCLE #387426. 1.0 CLE Hours. (OnDemand credit)

The presentation will provide a brief background of the development of trademark dilution from the adoption of the Federal Trademark Dilution Act of 1995 (FTDA) to the subsequent Trademark Dilution Revision Act of 2006 (TDRA). It will discuss the elements of federal trademark dilution claims, including claims of dilution by blurring and by tarnishment, and related Nebraska state anti-dilution laws. In the context of recent cases, the presentation will discuss some of the confusing standards applied in dilution cases, particularly in cases involving dilution by blurring.

Craig W. Dallon, Professor and Associate Dean of Academic Affairs – Creighton University School of Law

Professor Dallon teaches, writes, and speaks on topics including professional responsibility, torts, property, trademarks and copyrights. He graduated with his J.D. from the J. Reuben Clark Law School, at Brigham Young University, summa cum laude, where he was an Executive Editor of the BYU Law Review. Following law school, Professor Dallon clerked in Olathe, Kansas, for the Honorable James K. Logan on the United States Court of Appeals for the Tenth Circuit. He then practiced with the law firm of Van Cott, Bagley, Cornwall & McCarthy in Salt Lake City for five years, where he was a member of the firm’s litigation section and technology law practice group. Professor Dallon was assistant professor of law at Appalachian School of Law from 1997-1999 and visiting assistant professor of law at Brigham Young University during the 1999-2000 academic year. He joined Creighton University in 2000. He was Associate Dean of Academic Affairs for the Law School from 2006-2014.

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