San Diego Law Review

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The principal focus of this Comment is to advocate expansion of the fame requirement to encompass trademarks that are known across the entire United States and within a broadly defined product or service market niche. Part IV proposes a set of guidelines for defining market niche fame. It also presents an affirmative argument as to why this particular group of marks deserves access to the dilution cause of action. To confront popular arguments against niche fame, Part V addresses how state dilution statutes and the infringement cause of action offer inadequate protection for nationally famous market niche trademarks.

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