This comment will address how the TDRA has left famous mark holders, particularly high-end fashion house Louis Vuitton, with little in its arsenal to prevent others from mocking and devaluing its marks despite its worthy efforts. Part II addresses the relationship between trademark infringement, dilution, and parody. Part III takes a closer look at fashion giant Louis Vuitton’s strides to protect its famous marks and the courts’ differing approaches to assessing whether a parody exists. Part III also addresses the relationship between parody when it does and does not operate as a designation of source. Part IV offers a discussion of the future implications due to the court’s treatment of the parody exception.
The Trademark Dilution Revision Act's Nullifying Effect on Famous Mark Holder's Dilution Claims,
23 Marq. Intellectual Property L. Rev. 89
Available at: https://scholarship.law.marquette.edu/iplr/vol23/iss1/7