Everyone recognizes famous trademarks. Who is not aware of Microsoft, Rolex, McDonald’s and Coca Cola? The tremendous value in these marks lies in their universal recognition. Because of the renown of famous trademarks, it is not uncommon for smaller businesses to attempt to capitalize on the goodwill of famous marks by associating their goods or services with another’s famous trademark or brand. Recognizing the extent of this problem, Congress enacted the Trademark Antidilution Act of 1995 (“TAA”) to specifically provide enhanced protection for famous trademarks. However, federal courts have been inconsistent in their application of the TAA. Consequently, in order to bring predictability to the protection of the most famous trademarks, the Trademark Dilution Revision Act of 2006 (“TRDA”) became law on October 6, 2006. Read the rest of this entry »

Increasingly, anonymous bloggers are posting damaging and sometimes libelous comments directed against others on the Internet. However, identifying an anonymous blogger is not easy. Federal law requires an ISP to notify a blogger upon a demand for his identify. Courts typically become involved when an Internet Service Provider (ISP) files suit to ask relief from the demand or the blogger files a John Doe suit to maintain his anonymity. Read the rest of this entry »