The 99 Year Dilution Dilemma: What’s the Harm if No Confusion?

The Theory of Dilution Crosses the Pond

By Gregory J. Krabacher, Epstein Becker Green.

The origin story for the cause of action of “dilution” in the United States begins with Frank Schechter’s 1927 Harvard Law Review article, Rational Basis of Trademark Protection. [i] Indeed the U.S. Supreme Court credits Mr. Schechter’s work as the “seminal discussion,” noting that “[u]nlike traditional infringement law, the prohibitions against trademark dilution are not the product of common-law development, and are not motivated by an interest in protecting consumers.”[ii]

Mr. Schechter based his theories, among other cases, on his study of the German Odol case.[iii] In that case, the court found harm to the selling power of a well-known brand for mouthwash through the use by another party for steel. Schechter notes in passing that if U.S. courts eventually adopt Odol’s holding, “it will not be the first time that they have gone to continental armories for the weapons with which to combat the commercial buccaneer.”[iv]

Katy v Katie: The Case That Got Away

By Jessica Bell of Kalus Kenny Intelex on March 18, 2026 Posted in Advertising & Marketing, Australia, Branding, Case Studies, Copyright, Legislation

Taylor v Killer Queen LLC [2026] HCA 5

Jessica Bell – Kalus Kenny Intelex, Melbourne, Australia

The lengthy trade mark dispute between Australian fashion designer, Katie Perry (now Katie Taylor), and international pop sensation Katheryn Hudson, better known under the stage name Katy Perry (Ms Hudson), has hit a new note: on 11 March 2026, the majority of the High Court of Australia made its determination in Ms Taylor’s favour.

The Dispute

This dispute concerns the word mark KATIE PERRY (the Designer Mark), which Australian fashion designer Ms Taylor applied to register in September 2008 in respect of clothing (Class 25), having commenced selling clothing under her name in 2007.

Ms Hudson had performed under the stage name “Katy Perry” since 2002 and rose to international prominence in around 2008. She initially opposed Ms Taylor’s application and filed her own trade mark application for KATY PERRY (the Singer Mark) in respect of music (Classes 9 and 41) and clothing (Class 25), but that application was refused due to its similarity to Ms Taylor’s mark and the opposition was ultimately withdrawn.

The Designer Mark was subsequently registered in August 2009 and Ms Taylor later commenced proceedings against Ms Hudson and her associated entities alleging that the respondents had infringed the mark by using the Singer Mark in the promotion and sale of clothes. The procedural history, and factual background, of this case are summarised with greater detail in our previous article.

Strategic intellectual property considerations for artificial intelligence technologies: How “non-tech”companies could be missing hidden IP goldmines

By Malisheia Douglas of McDonald Hopkins on March 12, 2026 Posted in Artificial Intelligence, Protection & Enforcement, Trademarks, United States

Malisheia Douglas

Companies outside traditional tech sectors may be sitting on IP goldmines without realizing it. Manufacturing, e-commerce, and consumer products businesses routinely use AI technologies from predictive maintenance to automated pricing. These technologies represent valuable intellectual property assets. While these companies may not self-identify as “tech companies” in the Silicon Valley sense, their AI implementations are every bit as technically sophisticated and legally protectable.

Even when AI implementations are not core to customer-facing products, they warrant strategic protection. Operations-focused enterprises can leverage these innovations for competitive advantage, licensing opportunities, or as defensive assets in a broader IP strategy.

A new legal framework for the protection of works of art and collectible items

By Stavros Varverisof A. & K. Metaxopoulos and Partners Law Firm on February 19, 2026 Posted in Branding, Copyright, Europe, Patent Infringement, Protection & Enforcement, Trademarks

By Stavros Varveris, Trainee Lawyer at A. & K. METAXOPOULOS AND PARTNERS LAW FIRM

Law No. 5271/2026 introduces a new specialized legal framework combining administrative and criminal regulation for the prevention and repression of art forgery, the protection of the physical integrity of works of art and collectible items, and the establishment of certified expert mechanisms for authentication.

Until now, the criminal treatment of art forgery relied exclusively on the general provisions of the Greek Penal Code on fraud and forgery. In this context, the establishment of criminal liability generally required the completion of a financial transaction and proof of pecuniary damage or deception of a third party, a requirement that significantly limited the effectiveness of the existing framework for such offences.

The new law operates as a lex specialis and introduces autonomous criminal offences covering the manufacture or alteration of counterfeit works of art, their distribution, exhibition or commercial placement, as well as possession with intent to distribute. The completion of economic fraud is therefore no longer a prerequisite for criminal liability.

NYC’s New Consumer Protection Leadership Signals Return to Aggressive Advertising Enforcement to Help Tackle The “Affordability” Crisis

By Ronald R. Urbach of Davis+Gilbert LLP and Robert J. Chappell Jr. of D+G Law on February 4, 2026 Posted in Advertising & Marketing, Branding, Protection & Enforcement, United States

Authors: Ronald Urbach of Davis+Gilbert and Robert Chappell Jr. of Davis+Gilbert

The Bottom Line

New enforcement era begins: NYC has a new “sheriff” with expanded powers and strong allies. Any company that advertises and markets products or services to consumers in New York City must learn the rules and comply with the law. If not, there will be consequences.

Mayor’s priorities are clear: Mayor Mamdani’s January 5, 2026 executive orders on “junk fees” and “subscription programs” show that consumer protection, corporate accountability, and compliance with City laws and regulations are top priorities. The administration believes that aggressively enforcing consumer protection will help tackle the affordability crisis.

FTC-style enforcement: With former FTC Chair Lina Khan as a key mayoral adviser, and the appointment of Commissioner Sam Levine (former Director of FTC’s Bureau of Consumer Protection under Chair Khan) as Head of the NYC Department of Consumer and Worker Protection (DCWP), businesses should anticipate (if not expect) a return to robust and aggressive oversight of advertising and marketing practices in New York City.

History repeats: This harkens back to the days of Mark Green who helped make the then NYC Department of Consumer Affairs a feared government regulator for national advertisers and marketers.

Australian Trade Mark Update: Key Changes to the Trade Mark Regulations for 2026

By Jessica Bell of Kalus Kenny Intelex on January 28, 2026 Posted in Australia, Legislation, Trademarks

Jessica Bell, Associate, Kalus Kenny Intelex, Melbourne, Australia

2026 begins with a number of changes to the Australian Trade Marks landscape, following the introduction of the Trade Marks Amendment (International Registrations, Hearings and Oppositions) Regulations 2025 (the IRHO Regulations).

The IRHO Regulations introduce a variety of procedural and technical updates to the Trade Mark Regulations 1995, including longer filing periods, partial replacement of protected international trade marks, and extended examination periods.

Divided into five comprehensive amendment schedules and two largely administrative schedules, the IRHO Regulations reflect recent changes to the Madrid Protocol administered by the World Intellectual Property Organisation (WIPO). Below, we summarise the key details of Schedules 1-5 and outline what they mean for Australian trade mark applicants and holders. Schedules 6 and 7 are primarily technical, covering minor adjustments and the timing of when each amendment takes effect – Schedules 1 and 5 took effect on 19 December 2025, while the changes set out in Schedules 2-4 and 6-7 were effective from 19 November 2025.

Privacy New Year’s Resolutions

By Gary A. Kibel of Davis+Gilbert LLP and Jeremy Merkel of Davis+Gilbert on January 21, 2026 Posted in Privacy Compliance, United States

Authors: Gary Kibel of Davis+Gilbert and Jeremy Merkel of Davis+Gilbert

The Bottom Line

Privacy compliance obligations continue to grow and expand, so businesses should revisit their privacy compliance programs regularly.

California has introduced even more unique privacy compliance obligations.

Kentucky, Indiana and Rhode Island join the fray of states with effective comprehensive consumer privacy laws on January 1, 2026.

The new year might mean the same to you, but for businesses, the turn of the calendar once again means a new set of privacy compliance obligations. 2026 brings new requirements in California, which has the most comprehensive regulatory framework and a stand-alone privacy regulatory agency, along with new state privacy laws in Kentucky, Indiana and Rhode Island taking effect.

Little At Sea Over Legacy Trademarks:

By James P. Flynn of Epstein Becker Green on January 15, 2026 Posted in Advertising & Marketing, Branding, Copyright, Europe, United Kingdom, United States

Commodore, What Can You Learn From Drifters?

By James P. Flynn, Epstein Becker Green

Trademark lawyers eventually learn a hard truth: brands often do not die; instead, they drift.

Sometimes they drift quietly into nostalgia. Sometimes they drift into the hands of the entrepreneurial and well-advised. Other times, they drift along unattended. Of course, sometimes, they drift straight into court.

Few issues in intellectual property law reveal the fault lines between legal formalism and cultural memory as sharply as disputes over legacy brands:

Brands that stand the test of time innovate to stay relevant and build upon the product imagery that first captured customers’ hearts. So-called legacy brands and their associated images include Timberland boots, the Burberry raincoat, Tiffany diamonds, and Levi’s jeans. Even Disney, whose fantasy characters remain central to the customer experience. Each consumer-facing brand expanded its appeal while staying true to its foundational equities. Conservative Burberry got sexy by putting its tartan pattern on bikinis. Tiffany signed Elsa Peretti to design more accessibly priced silver and gold jewelry that was still distinctively elegant. Traditional Disney acquired Pixar’s more modern storytelling. By definition, legacy brands can also survive a spate of bad management, bad economies, even bad luck — but not in perpetuity. 

Coming January 2026: The Nutrition Symbol That Could Change Canadian Grocery Carts

By Marie Lussier of Fogler Rubinoff LLP and Elizabeth Varkovetski of Fogler Rubinoff, LLC on December 19, 2025 Posted in Canada

Authors: Marie Lussier, Partner, and Elizabeth Varkovetski, Articling Student, Fogler, Rubinoff LLP

Today, roughly 60% of the average Canadian family’s diet consists of prepackaged and processed foods. These are often high in saturated fat, sugars, and sodium and Health Canada has flagged those ingredients as major contributors to obesity, heart disease, and diabetes.
To combat these health risks and empower Canadians to make informed choices, Health Canada published the Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated Fats or Oils) on July 20th, 2022. The transitionary period allotted for in the amendments ends on December 31, 2025 and, at that time, important changes to Canadian food labelling requirements will occur.
In fact, as of January 1, 2026, most prepackaged foods that are high in saturated fat, sugars or sodium will be required to display a front-of-package nutrition symbol (the “Symbol”).

The recent expansion of patent elegibility for AI inventions before the USPTO

By James Muraff of McDonald Hopkins and Michael Centa of McDonald Hopkins on December 18, 2025 Posted in Artificial Intelligence, Branding, Case Studies, Copyright, Patent Infringement, Patents, United States

Introduction

The new United States Patent and Trademark Office (USPTO) Director John A. Squires was sworn in on September 22, 2025 and wasted no time that week in expanding patent eligibility for AI related inventions. In particular, the new Director presided over the September 26 Appeals Review Panel (ARP) decision in Ex parte Desjardins, Appeal 2024-000567. In its decision, the ARP begins explicitly steering USPTO claim interpretation policy under 35 U.S.C. § 101 in a new direction that aims to reduce patent eligibility scrutiny and potentially minimize the now-classic hurdles associated with interpreting abstract ideas and practical implementations thereof under the established Alice/Mayo framework.