13
Nov/02

Notes from Victor's Little Secret Hearing


Thanks to Bret at icann.blog for a link to First-person notes to oral arguments in the Victor’s Little Secret case before the Supreme Court (which provide links to briefs in the case).  While absolutely worth reading, the note-taker didn’t really frame the case properly – he says the case will turn on the quantum of evidence in the record – not really.  This is about standard of proof, not level of proof, which is different.  Should the standard in a dilution case be proof of liklihood of dilution as opposed to proof of actual dilution.  However the paucity of proof of economic harm to the trademark owner may be just what convinces the court that proof of actual dilution should be the standard.

 

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