Distinctive and Famous - Separate Requirements Under the Federal Trademark Dilution Act?, 3 J. Marshall Rev. Intell. Prop. L. 174 (2004)

The Federal Trademark Dilution Act was promulgated to provide national protection of famous marks from uses that cause dilution of the distinctive quality of the mark. Courts consider several factors in determining whether a mark is “distinctive and famous.” However, a difference of opinion has arisen as to whether there is a difference between a “distinctive” mark and a “famous” mark. An analysis of the statutory language, pertinent historical sources, and the case law interpreting the statute leads one to conclude that the view articulated by the Second Circuit is more consistent with the language of the statute, the intent of the draftspersons, and the majority of the courts that have indicated a view on the subject. “Distinctive” and “famous” appear to be separate and distinct requirements one must establish in order to qualify for protection under the FTDA

Enforcement of Injunctive Relief and Arbitration Awards Concerning Title to and Enforcement of Intellectual Property Rights in Asia and the Pacific Rim

Increasingly, companies are licensing their intellectual property rights for use by foreign companies in countries other than those in which the rights were created. Should disputes concerning the license agreements arise, the parties require a neutral forum in which such disputes can be resolved. The traditional neutral forum for international commercial disputes is international arbitration. Unfortunately, the recognition and enforcement of arbitral agreements and arbitral award varies from country to country. This Paper surveys of Asian and Pacific legal systems to underscore the differences in treatment throughout the region. A working knowledge of how a particular country views the arbitrability and enforceability of intellectual property disputes necessary before agreeing to conduct an arbitration in any particular country, and consideration of the laws of any nation in which enforcement might be sought is also extremely important