2006

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This is the proposed fair use passage of H.R. 683, the Trademark Dilution Revision Act:
`(3) EXCLUSIONS- The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection:
`(A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods

TTABlog reports that a man has filed an opposition to the San Francisco Women’s Motorcycle Contingent application to register the mark DYKES ON BIKES for “Education and Entertainment Services in the nature of organizing, conducting, and promoting parade contingents, community festivals, events, street fairs, forums, seminars, parties and rallies to support, organize and motivate women

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Oasys Mobile maintains the PHEROTONES site to promote ringtones that (like pheromones) arouse the listener. This NY Times article details how PHEROTONES are a fake product, part of a viral marketing strategy (which seems to be working).
Now, assuming that the joke takes off and the PHEROTONE name acquires some value. Can a ‘fake’ trademark