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A trademark must be deemed "famous" before its owner can take advantage of the protections afforded by the Federal Trademark Dilution Act. But fame, it turns out, is not so easy to define. Some courts have adopted a "niche" theory that allows a trademark owner to prove a mark's fame by showing that it is well-known in a certain market or geographic region. The 3rd, 5th, 7th, and 9th circuits have embraced the theory, while the 1st and 2nd circuits have rejected it.
April 22, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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