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Trade Dress and Dilution after TrafFix Devices and Victoria’s Secret

November 6, 2003 by in General

The Supreme Court rendered two important decisions that place limits on the scope of claims that may be asserted under the trademark laws. These decisions do not create new limitations on trademark rights but rather remind practitioners that there always have been, and will be, limitations asserted under the trademark laws. In this article, SSJR attorneys Andy I. Corea and Stephen P. McNamara provide insight to the ramifications of these decisions pertaining to trademark names, marks, packaging, coloration, design, and any perceived associations and tarnishments.