Ninth Circuit Rejects "Identical or Nearly Identical" Requirement for Trademark Dilution Claims

Summary: Addressing a key question under the federal Trademark Dilution Revision Act (“TDRA”), the Ninth Circuit rejected pre-TDRA case law and its own dicta in cases under the TDRA, holding that the federal dilution statute, as amended in 2006, does not require that the mark accused of dilution be “identical or nearly identical” to the plaintiff’s famous mark. Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., 2011 WL 383972 (9th Cir. Feb. 8, 2011). The attached Client Alert reviews the Levi case and appeal, and how the important decision adds needed clarity and consistency to the law.