Dilution Law Research Articles

The Artistic Use Defence in Trademark Dilution Cases – Hermès’ Legal Setback in Its Attempt to Prevent Others from Using Its Iconic Birkin Handbag

Abstract This opinion explores what constitutes a trademark parody in an artistic context and when it crosses the line of trademark infringement in dilution cases which occur beyond the traditional trademark protection from the likelihood of confusion. This is shown by analysing the latest two decisions regarding trademark parody handed down by the German Frankfurt am Main Regional Court in a case in which Hermès has suffered a setback in its attempt to prevent a fashion label from using its iconic Birkin handbag at the Berlin fashion show in 2023. While parody is considered a protected form of speech or artistic expression, no clear-cut legal rule separates a legitimate parody from an infringing use, in particular in cases of so-called mixed expressions where the reference to the protected trademark is not closely tied to commercial use but still happens outside of a purely artistic context. Compared to the statutory copyright’s flexible fair use defence, there is simply too little case law available to draw on in trademark dilution law. The few rigid defences German courts have cobbled together in trademark cases illustrate that trademark could benefit from a clearer identification of use categories. The following analysis of these decisions aims at highlighting that urgent trademark reforms are necessary in the area of art-related fair use defences. Furthermore, the following analysis will illustrate how big corporations like Hermès can fail when attempting to use trademark rights to control the meaning not only of wealth and exclusivity but also of conspicuous consumption and the equally conspicuous display of wealth, status and power in male-dominated domains.

Imatinib cation based MOIFs with [Fe(CN)5NO]2−, [Fe(CN)6]3− [Fe(CN)6]4− as adsorbent of organic pollutants, and their protein interaction study

Inorganic-organic hybrid (IOH) compounds are being widely used in the design of multifunctional materials owing to their rich properties and flexible assembly. Here, we report three metal organic ionic frameworks (MOIFs)/ IOH, for the adsorption of toxic organic pollutants and Bovine Serum Albumin (BSA) interaction, synthesized via simple ion-exchange mechanism in water using Na2[Fe(CN)5NO], K3[Fe(CN)6], K4[Fe(CN)6] and 4-[(4-methylpiperazin-1-yl)methyl]-N-(4-methyl-3-{[4-(pyridin-3-yl)pyrimidin-2yl]amino}phenyl) mesylate (ImM). These were characterized through powder XRD, NMR, UV/ Vis and FTIR techniques for their structural elucidation. The thermal gravimetric analysis (TGA) revealed their two transitions due to loss of water and organic compound. Additionally, the band gap was found in the range of 3.2 to 3.3 eV, inferred their applicability in the field of semiconductors. MOIFs have shown the adsorption of toxic pollutants (Organic dyes) investigated through thermal kinetics and activation parameters which inferred about the interaction between organic dyes and MOIFs as characteristics for the adsorption system. Adsorption has also been analyzed through conductivity data where according to Ostwald's dilution law for weak electrolytes was applied. For knowing medicinal aspects, MOIFs have also been tested for BSA binding activity analyzed with UV–Vis, fluorescence and docking studies, which showed good quenching efficacy as well as interaction ability.

European Dilution: Mapping the Origin and Roles of the Reputation Requirement

This article examines the rationales behind the selection of reputation as a prerequisite for enhanced protection in the European law on trade mark dilution. To this end, the article offers an in-depth account of the emergence of the concept of trade mark reputation in the European legislation as well as of the legislative process in itself. The examination proposed herein should prove useful when interpreting European dilution law in a purposive way. Furthermore, by looking at the historical context is which the ‘socially constructed’ concept of ‘trademark reputation’ emerged, this article seeks to shed some light on the policy considerations behind the choice of this criterion.

Microstructure transition gradients in titanium dissimilar alloy (Ti-5Al-5V-5Mo-3Cr/Ti-6Al-4V) tailored wire-arc additively manufactured components

The nature of the chemical mixing and microstructure gradients that occur across the interface transition, when manufacturing tailored components with the two high-performance dissimilar titanium alloys (Ti-6Al-4V (Ti-64) and Ti-5Al-5V-5Mo-3Cr (Ti-5553)) by the wire-arc additive manufacturing (WAAM) process, are reported. It has been shown that a relatively long-range chemical gradient occurs during the transition between layers produced with the two different titanium alloys, due to convective mixing in the melt pool between the substrate layers and new alloy wire. This resulted in a stepwise exponential decay composition profile normal to the layers, the width of which can be described by a simple dilution law, with steep local composition gradients seen within the boundary layers at the fusion boundary of each individual layer. The alloy-alloy composition gradients had little effect on the β-grain structure. However, they strongly influenced the transformation microstructure, due to their effect on the parent β-phase stability and the β → α transformation kinetics and reaction sequence. The microstructure gradient seen on transitioning from Ti-64 → Ti-5553 was significantly more abrupt, compared to when depositing the two alloys in the reverse order. Under WAAM thermal conditions, Ti-64 appears to be more sensitive to the effect of adding β-stabilising elements than when Ti-5553 is diluted by Ti-64, because at high cooling rates, stabilisation of the β phase readily suppresses α nucleation when cooling through the β transus, and the normal Ti-64 lamellar transformation microstructure is abruptly replaced by finer scale α laths generated by precipitation during subsequent reheating cycles.

Revisiting the Gage–Bidwell Law of Dilution in Relation to the Effectiveness of Swimming Pool Filtration and the Risk to Swimming Pool Users from Cryptosporidium

The transfer of water from a swimming pool to the treatment location is key in determining the effectiveness of water treatment by filtration in removing turbidity and managing the risk from particulate material, including microbial pathogens, such as Cryptosporidium spp. A key recommendation for pool operators when dealing with an accidental faecal release (the likely main source of high Cryptosporidium oocyst concentrations in pools) is that the pool water should be filtered for at least six turnover cycles prior to use. This paper briefly outlines the theoretical basis of what has become known as the Gage–Bidwell Law of Dilution, which provides a basis for this recommendation, and extends the idea to account for the impact of filter efficiency. The Gage–Bidwell Law reveals that for each pool turnover 63% of the water resident in the pool at the start of the turnover period will have been recirculated. Building on this, we demonstrate that both filter efficiency and water-turnover time are important in determining filtration effectiveness and can be combined through a single parameter we term ‘particle-turnover’. We consider the implications of the Gage–Bidwell Law (as referred to in the original 1926 paper) for the dynamics of the ‘dirt’ content of pool water, whether in terms of a specific particle size range (e.g., Cryptosporidium oocysts) or turbidity.

Dynamics of Trademark Dilution: Issues and Challenges in India and USA

Trademarks of an establishment cannot solely be associated with identification of origin or source. It performs an imperative task of building brand name and value. The dilution theory rejects the opinion that the role of a trademark is solely based on the recognition of the root or source of its origin and that it is not only a figurative representation but carries a creative aspect as well. For the most recent decade, the greatest inquiry in trademark law has been the manner by which to demonstrate weakening or dilution. Dilution has turned out to be a dauntingly slippery idea. The principal issue with dilution law is that it gives a cure without a supportable hypothesis of the harm or damage. Even though lately the concept has been recognized in International as well as domestic jurisdiction putting an immense responsibility on domestic jurisdiction to protect trademarks against dilution, very little has been discussed or clarified regarding the theory of dilution. Ambiguity of such nature facilitated this research trying to spot some light on the theory of dilution comparing it from divergent angles in different jurisdictions. The paper also highlights the interpretation mechanism of the courts of the dilution provision and explains the concept further with reference to important cases under the U.S. laws and European judgments in the context of the Dilution laws and draws a comparative analysis of the effectiveness of the legal framework present in India with that of the USA.

Based on a True Story: The Ever-Expanding Progeny of Rogers v. Grimaldi

Trademark law limits the extent and manner to which individuals can use a surprisingly large percentage of common words in the English language. In assessing the resulting discord from such a conflict, a court has several measures by which it can determine the metes and bounds of the First Amendment’s priority over trademark law; in the case of an expressive or artistic work which uses the trademark of another (or the name of an individual), one such test that has developed is the Rogers test, named for a 1989 lawsuit involving the actress and dancer Ginger Rogers. This article examines the most recent development in the ever-expanding ambit of the Rogers test: the Ninth Circuit’s recent decision in VIP Products LLC v. Jack Daniel’s Properties, Inc. First, this article summarizes the policy goals and purposes of trademark law, provides a brief overview of the Lanham Act’s false endorsement right of action and of trademark dilution, and synopsizes both Rogers v. Grimaldi and the development of the Rogers test in the Ninth Circuit. It then analyzes the Jack Daniel’s v. VIP Products district court and appellate decisions, and considers the consequences of the Ninth Circuit’s decision. In its opinion, the Ninth Circuit not only stretched the purpose of the Rogers test to a breaking point, but also improperly relied upon the test’s basic premise as grounds to incorrectly dispose of a claim for trademark dilution, despite the different standards, purposes, and policy goals of trademark infringement and trademark dilution statutes; the consequences of such precedent going forward are yet to become clear. Finally, the article concludes by considering how to remedy the ever-increasing scope of the Rogers test in Ninth Circuit jurisprudence, and reflects on the potential effects that VIP Products could have on future trademark false endorsement claims. As a whole, the Ninth Circuit’s decision in VIP Products is distinguished by its overly expansive view of the Rogers test and its misunderstanding of the fragile balance between the First Amendment and trademark dilution law. As the Supreme Court has denied certiorari, there is little to no chance to correct the faulty decision itself. Were the Ninth Circuit to reform its understanding of Rogers to conform with its restricted application in its home circuit, the Second Circuit, perhaps some of the more pernicious consequences of VIP Products could be avoided. Nevertheless, short of the panel’s decision sua sponte to issue an amended opinion, the consequences of this case are likely to be widespread in Ninth Circuit jurisprudence, and will significantly curtail the trademark rights of mark holders for years to come.

Application of power law in conductivity of binary mixed rhamnolipid surfactant systems

The limiting molar conductivity (Λ0) reflects the dissociation and the interaction of the electrolyte, and for the surfactant, it also reflects the interface adsorption and aggregation behavior of the molecules. A commonly used calculation method of Λ0 is the extrapolation of conductivity. In this article, a new approach known as Power law were used to improve the accuracy of the determination of Λ0 comparing the Ostwald's dilution law. The Law of independent migration proposed by Kohlrausch was used to explain the ionization and aggregation of surfactants in extremely dilute solutions. The effect of additives (N-Butanol, Diethanolamine (DEA) and PEG400) on Rhamnolipid (RL) aqueous solution were studied by conductivity method. From the obtained conductive results, we can calculate the critical aggregation concentration (CAC), the counter ion dissociation degree (α), the Gibbs standard free energy of micellization (ΔGmic°), molar conductivity (Λ), and aggregation numbers (nagg). Henry's law coefficient (H) and surface tension (γ) were also tested. The result shows that the α calculated by Power law is in good agreement with obtained by the conductivity method, and the CAC, α, Λ0, γ, nagg and H had a good correlation.

On the dissociation degree of ionic solutions considering solvation effects

In this work the impact of solvation effects on the dissociation degree of strong electrolytes and salts is discussed. The investigation is based on a thermodynamic mixture theory which explicitly accounts for the solvation effect. Based on a remarkable relationship between differential capacity maxima and partial molar volume of ions in solution the solvation number of specific ions in solution is determined. A subsequent investigation of the electrolytic space charge layer shows that a saturated solution of 1 mol L−1 solvated ions forms near the electrode, and we point out some fundamental similarities of this state to a saturated bulk solution. This finding challenges the assumption of complete dissociation, even for moderate electrolyte concentrations, whereby we introduce an undissociated ion-pair in solution. We re-derive the equilibrium conditions for a two-step dissociation reaction, including solvation effects, which leads to a new relation to determine the dissociation degree. A comparison to Ostwald's dilution law clearly shows the shortcomings when solvation effects are neglected and we emphasize that complete dissociation is questionable beyond 0.5 mol L−1 for aqueous, mono-valent electrolytes.

Diluting Free Expression: Statutory First Amendment Proxies in Trademark Dilution Law

Trademark dilution law, a relatively recent innovation in federal trademark doctrine, has serious implications for free expression. Dilution law purports to protect famous trademark owners from blurring and tarnishment, although critics of the doctrine suggest the harms of dilution are frequently overblown, if not imaginary. This article first highlights the differences between standard trademark infringement and trademark dilution, including the fair use provisions of the latter statute. It then analyzes the conceptual mismatch between the fair use provisions and dilution, focusing particularly on the problems with the nominative fair use doctrine. The article also explores the special problems dilution doctrine creates for parodists, including some court decisions that protect only an extremely narrow range of parodies. Finally, the article offers concluding perspectives on this difficult area of trademark doctrine.

Analysis of Wide Area Multilateration Localization Accuracy Under Different Stations Layout ond Aircraft Height

Layout of stations and height of aircraft are very important to localization accuracy of wide area multilateration (WAM) system, and the error produced by layout of stations and height of aircraft may influence WAM system’s localization accuracy. To find the approach to reduce the error, this paper firstly calculates relationship between localization accuracy and height error according to hyperbolic algorithm and least square method, and obtains the change law of horizontal dilution of precision (HDOP) and vertical dilution of precision (VDOP) with height. Secondly, the system localization precision of levels of the same height and levels of different aircraft heights after giving consideration to the various circumstances of wide area stations layout are simulated and analyzed. Thirdly, the impact of different station layouts and baseline length of the levels of the same height on localization precision are discussed. Simulation and discussion results show that the aircraft height has a large impact on the WAM system’s localization precision. In particular, the vertical localization precision reduces obviously when the height is low. When the height is unchanged, a proper station layout and baseline length can improve the system’s localization precision.

The Institutional Case for Partisan Gerrymandering Claims

For voters hoping the Supreme Court’s 2017 Term brings relief from partisan gerrymandering, the end of the 2016 Term was inauspicious. In Cooper v. Harris, the majority assumed the legitimacy of “partisan advantage” arguments while the dissent — including Justice Kennedy — warned about the “serious institutional and federalism implications” of judicial intervention in the redistricting process. If past is prologue, this concern for institutional and structural interests does not bode well. This Essay challenges an assumption at the core of that concern: the alleged tension between strong intervention and strong institutions. The Constitution’s structural principles were designed not only to prevent arbitrary and tyrannical rule, but to protect individual liberties and provide institutional accountability as well. The Court pays these principles no respect by standing silent when politicians insulate themselves from popular dissent and consolidate their grip on power through the violation of individual constitutional rights. As Justice Kennedy once wrote, “Abdication of responsibility is not part of the constitutional design.” By mistaking inaction for neutrality and avoidance for deference, the Court fails to fulfill its own role in the constitutional scheme and destabilizes the institutions it seeks to protect. To honor structural principles, respect state legislators, and maintain judicial integrity, this Essay proposes a return to the Court’s traditional tools of principled neutrality: clear rules and coherent doctrine. Clear rules would distinguish general partisan intent (which is the intent to win voters’ political preferences and is legitimate even to an extreme degree) from invidious partisan intent (which is the intent to suppress voters because of their political preferences and is illegitimate regardless of degree). Meanwhile, the effects question in dilution cases should not be “how suppression is too much suppression, but rather whether the opportunity of a targeted group to elect its preferred candidate was adversely impacted by the invidious state action or decision. Coherent doctrine could also be established in the coming term if the Court affirms in Gill v. Whitford and reverses in Harris v. Cooper. Doing so would end the “legal arbitrage” between racial and political redistricting law; harmonize the treatment of racial and political “advantage” arguments across equal-population, dilution, and sorting case law; and bring redistricting law into closer alignment with the Court’s broader equal-protection and First Amendment jurisprudence. The Court may fear that judicial intervention will be too disruptive or that legislative compliance will be too difficult. These concerns are misplaced, overstated, and underestimate the institutional and structural consequences of the Court’s inaction or exit from the field. Instead, a precise and predictable jurisprudence provides what the Court, the Constitution, and the country all require: strong, accountable institutions, and a forceful defense of individual rights.

Dilution Law, Vertical Agreements, and the Construction of Consumption

Recent reorientations of the paradigms of 20th-century antitrust law have underscored today’s post-scarcity regime, with its focus on uncovering and stamping out behaviour that weakens product manufacturers’ incentives to invest in the scarcity, uniqueness and authenticity values that everyday goods and services conjure in consumers’ minds. Alongside the general intellectual property law developments that support dilution-avoiding business practices, this article identifies recent case law that underlines the ways in which dilution thinking is surfacing in antitrust law. It evaluates the legal implications of such thinking based on a substantial social science literature that reveals the mechanisms by which marketing strategies that focus on a high price, uniqueness and authenticity do their work. As businesses increasingly employ strategies that seek to condense product information into simple decision-making heuristics that deliberately invoke subconscious appeal to persuade, the normative force of consumer choice is called into question. In order to preserve the ability of consumers to effectively choose between alternatives, an increased promotion of intratype competition presents the greatest likelihood of arresting the sea change initiated by antitrust law’s dilution revolution. The reason for this finding, as this article demonstrates, resides in the fact that the economic background—the purchasing context—often determines to a significant extent the manner in which consumers decide and act.

Advisory Rulemaking and the Future of the Voting Rights Act

Unlike many other statutes, the Voting Rights Act authorizes no administrative agency to issue implementing rules with the force of law. This essay nonetheless argues that guidelines issued by the Department of Justice (DOJ) through the notice-and-comment process could play a critically important role in persuading the Supreme Court not to construe the Voting Rights Act into quiescence—an outcome that otherwise seems quite likely. Though DOJ guidelines would not bind anyone outside of the agency, they could have a substantial impact on the Supreme Court's assessment of the costs and benefits of alternative statutory constructions. The guidelines I suggest would clarify the relationship between statutory and constitutional violations, while bolstering the manageability of racial vote dilution law and reducing its dependence on strong racial assumptions. This evolution in voting rights law would be difficult for the Court to bring about on its own, unaided by agency rulemaking.

Combining hydraulic model, hydrogeomorphological observations and chemical analyses of surface waters to improve knowledge on karst flash floods genesis

Abstract. During a flood event over a karst watershed, the connections between surface and ground waters appear to be complex ones. The karst may attenuate surface floods by absorbing water or contribute to the surface flood by direct contribution of karst waters in the rivers (perennial and overflowing springs) and by diffuse resurgence along the hillslopes. If it is possible to monitor each known outlet of a karst system, the diffuse contribution is yet difficult to assess. Furthermore, all these connections vary over time according to several factors such as the water content of the soil and underground, the rainfall characteristics, the runoff pathways. Therefore, the contribution of each compartment is generally difficult to assess, and flood dynamics are not fully understood. To face these misunderstandings and difficulties, we analysed surface waters during six recent flood events in the Lirou watershed (a karst tributary of the Lez, in South of France). Because of the specific chemical signature of karst waters, chemical analyses can supply information about water pathways and flood dynamics. Then, we used the dilution law to combine chemical results, flow data and field observations to assess the dynamics of the karst component of the flood. To end, we discussed the surface or karst origin of the waters responsible for the apparent runoff coefficient rise during flash karst flood.

Applying the law on trade mark dilution

The origins of EU trade mark dilution law are controversial and the action today is difficult for courts to understand and apply in practice. This article looks at the origins of the action in the Odel case and in US legal writing, before turning to the challenges facing the modern practitioner dealing with dilution cases in the EU courts today. Particular analysis is given to the criterion of “uniqueness”, now best understood as a unique reputation for certain products or services. In addition, the article examines the criterion of a “change in the economic behaviour of consumers” in the light of the Intel and Wolf Head judgments of the CJEU.

Empirical Substantiation of Sport Trademark Dilution: Quasi-Experimental Examination of Dilutive Effects

Trademark dilution law provides mark owners with another federal claim against unauthorized users in addition to the traditional claim for infringement. While dilution law has become a major vehicle of trademark enforcement for many branding companies, its rationale has been criticized by scholars, particularly, in terms of the ambiguous concept of the harm allegedly cause by dilution. Given the issue, this study examined whether dilutive use of famous sport trademarks has substantially harmful effects on the distinctive psychological value of the senior marks. It first attempted to develop an ad hoc measurement solution based on Keller’s (1993) brand equity theory. A follow-up quasi-experimental study examined the impact of given dilutive information. The result shows that a majority of the senior marks revealed substantially increased brand equity scores rather than decreased value. The result suggests that the harm argued in light of dilution theory is questionable, which calls for more empirical proofs.

Determination of vanadyl sulfate ion-pair dissociation constant at 298.15 K by Fuoss method

Vanadium battery has fast and large capacity charge and discharge characteristics, and the concentration and stability of the battery electrolyte are the key to the electrolyte performance. In actual, with higher acidity and higher concentration of the vanadium battery electrolyte, the ion-pair is dominant. The ion-pair dissociation constant is one of the important thermodynamic data related to battery performance. The vanadyl sulfate conductivity in aqueous solution was determined using the conductance method at 298.15 K. Using the origin data fitting, the limiting molar conductance is obtained, and then by the improved Ostwald dilution law and the Davies equation, the activity coefficient is solved so as to obtain the ionic strength of the true solution. Using the Fuoss method, the dissociation constant of vanadyl sulfate ion-pair was calculated. At last, the vanadyl sulfate limiting molar conductance (Λ0) is 174.8251748 S·dm2·mol−1, and the vanadyl sulfate ion-pair dissociation constant Kd is 0.002636367, and then other thermodynamic properties can be studied.

Solution to Ostwald's dilution law challenge.

Putting pKw=14 and pKa=4.75 into (7), we obtain α0= 0.994 for acetic acid. Thus, under infinite dilution, 0.6 % of acetic acid remains undissociated. For cyanic acid, HCN, with pKa=9.2, we obtain α0=0.00627, i.e., 99.4 % of HCN remains undissociated, under infinite dilution. These results contradict the simple inferences resulting from Eq. (1). This column provides a detailed treatment of the problem associated with Ostwald’s dilution law. In conclusion, it is suggested that the word “dilution” should be omitted from the name of this law. Ostwald’s law, in the authors’ opinion, has some applications for testing acid–base equilibria in aqueous and non-aqueous media. In particular, one can refer to the papers [2, 3] devoted to formulation of pKa = pKa(xB) relationships for some binary-solvent systems, where xB is the amount fraction of co-solvent (B) in a mixture of solvents (A + B).

Ambiguity in Federal Dilution Law Continues: Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., Case in Point

Ambiguity in Federal Dilution Law Continues: Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., Case in Point