My hot take on Tam: bye bye, dilution. Also, narrow holding leaves lots for later, including the rest of Sec. 2 bases for refusal
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Can you please expand a little bit on your dilution comment?
I'm sure I'll have more shortly but if disparagement is viewpoint based then dilution is too: pre-Tam writing: http://scholarship.law.georgetown.edu/facpub/1336/
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In essence, if it's OK for a trademark to disparage people, then it's equally OK (or more OK) for a trademark to tarnish another trademark?
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Right, absent meeting standards for defamation/trade libel which preclude relying on nonfactual statements/opinions about the mark
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Thank you for clarifying/elaborating!
End of conversation
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