1. Trademark Parody: Have We Lost Our Sense of Humor?
Jody Blanke, Professor
Computer Information Systems and Law
Mercer University, Atlanta
SEALSB - October 27, 2002

2. Trademark Law Combination of federal and state law
Federal law derives from Commerce Clause

3. Trademark Infringement
“Likelihood of Confusion” standard

4. Trademark Dilution Dilution by blurring Dilution by tarnishment
By states had anti-dilution laws
Federal Trademark Dilution Act of 1996

5. Starbucks v. Dwyer (2000)

6. Starbucks v. Dwyer (2000)

7. Federal Trademark Dilution Act
“famous” mark
“commercial use in commerce”
“causes dilution of the distinctive quality of the mark”

8. Exemptions to FTDA Fair use in comparative advertising
Noncommercial use
News reporting and commentary