Why Blurring is a Conceptually Difficult Area of Trademark Law

Authors: Saquib Rahman Published date: 15-07-2016 Status: Published

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.

Get access


Corresponding author

Corresponding author. Saquib Rahman: editor@uklsa.co.uk


COPYRIGHT: © The UK Law and Society Association, 2016