Trademark dilution revision act of 2006 pdf

Trademark dilution revision act of 2006 pdf
4 TRADEMARK DILUTION REVISION ACT OF 2006 (TDRA) KEY CHANGES • Injury – Actual Dilution Not Required –Likelihood is Sufficient • Fame – Niche Fame is Not Sufficient
The Trademark Dilution Revision Act of 2006 (H.R. 683) was a law passed in the United States covering trademark law, and specifically dealt with trademark dilution.
character, confusion of sponsorship, dilution by blurring, dilution by genericide, dilution by tarnishment, famous mark, internet-based dilution, mark with a reputation, misappropriation of a trademark’s advertising value, reputation and repute of a
2006 Trademark Dilution Revision Act (“TDRA”). But what are the limitations of these companies’ statutory protections under the TDRA, and more generally under the Lanham Act? And are these statutory protections enough to protect the rights of individuals and corporations as the United States Patent and Trademark Office con- tinues to grant ever more general trademarks? And if not, what …
(a) Short Title.–This Act may be cited as the “Trademark Dilution Revision Act of 2006”. (b) References.–Any reference in this Act to the Trademark Act of 1946 shall be a reference to the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved
The Trademark Dilution Revision Act of 2006 (H.R. 683) was passed by the House on a vote of 411 to 8, on April 19, 2005. 1 The Senate passed H.R. 683 with an amendment in the nature of a substitute, by unanimous consent, on March 8, 2006. 2 Among other things, the amendment added a non-commercial use liability exclusion to protect free speech interests, and addressed concerns raised by
“Dilution through the Looking Glass: A Marketing View of the Trademark Dilution Revision Act of 2005,” (with R. Klein and S. Schussheim), The Trademark Reporter, Vol.
BEEBE_PAPER_090206_CLEAN 9/2/2006 5:24:31 PM 1144 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. [Vol. 16:1143 INTRODUCTION This Article argues that the Trademark Dilution Revision Act

Mr. Chairman, thank you for scheduling this hearing to discuss H.R. 683, The Trademark Dilution Revision Act of 2005. It has been over nine years since the passage of the Federal Trademark Dilution Act, [FTDA] and sufficient time has passed to analyze the effects of the dilution act on trademark …
Print PDF. Client Alert – U.S. Enacts the Trademark Dilution Revision Act of 2006. 10.25.2006. President Bush has signed a law that overturns the U.S. Supreme Court, holding in Moseley v. Secret Catalogue, Inc., 537 U.S. 418, 65 U.S.P.Q. 2d 1801 (2003), and clarifies that the owner of a famous and distinctive mark has a federal cause of action for dilution even though only a likelihood of
The Trademark Dilution Revision Act of 2006 (“TDRA”) was signed into law on October 6, 2006. The TDRA amends Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), and permits an owner of a famous trademark to assert a claim based on a likelihood of dilution.
Trademark Dilution Revision Act of 2006 (TDRA) resolved many conflicting opinions of federal circuits on the issue of whether a standard of likelihood of dilution (as opposed to proof of actual dilution) is the proper basis for a trademark dilution claim. The TDRA established that the proper standard is a likelihood of dilu- tion. With much less fanfare, the TDRA also made a number of other
within the meaning of the Trademark Dilution Revision Act; the PATAGONIA 20 trademarks enjoy strong consumer recognition, and are recognized around the world
October 6, 2006, President George W. Bush signed into law the Trademark Dilution Revision Act of 2006, which makes important changes to the federal trademark dilution law codified at 15 U.S.C. § …
Trademark Dilution Revision Act (TDRA) of 2006. Further amended the Federal Trademark Dilution Act. Under TDRA, to state a claim for trademark dilution, a plaintiff must prove the following: -The plaintiff owns a famous mark that is distinctive-The defendant has begun using a mark in commerce that allegedly is diluting the famous mark-The similarity between the defendant’s mark and the famous
Trademark Dilution Revision Act (2006) (“Dilution Act”) has placed the depreciation of goodwill and trade-mark dilution into the North American spotlight. Under the light, the two remedies have been made clear. The Dilution Act, signed by President Bush on October 6, 2006, was drafted as a response to
riding laws, as exemplified by the U.S. Trademark Dilution Revision Act of 2006 (TDRA),15 section 22 of the Canadian Trade-marks Act16 (TMA), and Articles 4(4)(a), 5(1)(a), 5(2), and 5(5) of the EU Trade Marks Harmonization Directive (TMD).17 These statutes have in common that it is not necessary to prove any 11. 40 Harv. L. Rev. 813 (1927). 12. The word “dilution” does not appear in
Purpose and Summary The purpose of H.R. 683, the “Trademark Dilution Revision Act of 2005,” is to amend the Federal Trademark Dilution Act (FTDA) in the wake of a recent Supreme Court decision regarding the standard of harm under the statute and conflicting circuit case law on other relevant issues. —– Pub. L. No. 104-98 (1995). —– Background and Need for the Legislation

Fleeting fame under the Trademark Dilution Revision Act of


Trademark dilution comparing the effects of blurring and

Act (the “FTDA”) embodied in the recently enacted Trademark Dilution Revision Act of 2006 (the “TDRA”) threaten to infringe upon the right to free speech.
Yet, the Trademark Dilution Revision Act of 2006 (the “TDRA”) has carved out a broad and explicit exception for parody, one that is seemingly stronger than any protection that parodies previously
2 1243923 v2/SF Introduction . The Trademark Dilution Revision Act of 2006 (“TDRA”), Section 45(c) of the Lanham Act, 15 U.S.C. § 1125(c), marked a wholesale revision of the previous federal trademark dilution
Trademark Dilution Revision Act of 2006 Signed Into Law On October 6, 2006, President Bush signed into law the Trademark Dilution Revision Act of 2006 (“TDRA”).


Deborah R. Gerhardt, The 2006 Trademark Dilution Revision Act Rolls Out a Luxury Claim and a Parody Exemption , 8 N.C. J. L. & Tech. 205, 226 (2007) (“To succeed on a dilution by blurring claim, the mark owner must show that the use is
This thesis first analyzes the legislative history of the two federal trademark dilution statutes, the Federal Trademark Dilution Act of 1995 (FTDA) and the Trademark Dilution Revision Act of 2006 (TDRA) to better understand how these laws accommodate First Amendment speech rights. It then analyzes 35 federal trademark dilution cases involving a First Amendment-related defense to …
On October 6th, President Bush signed the Trademark Dilution Revision Act of 2006 (“TDRA”), which clarifies the standard of proof trademark owners must meet to prove dilution of a famous trademark. By amending the Federal Trademark Dilution Act of 1995 (the “1995 Act”), TDRA overrules the confusing standard the U.S. Supreme Court established three years ago in Moseley v.
Short Titles – House of Representatives Short Titles as Passed House. Trademark Dilution Revision Act of 2005. Short Titles as Reported to House. Trademark Dilution Revision Act of 2005


On October 6, 2006, President Bush signed into law the Trademark Dilution Revision Act of 2006 (“TDRA” or the “Act”). 1 The TDRA substantially revises the Federal Trademark Dilution Act (“FTDA”) by overruling the U.S. Supreme Court’s decision in Moseley v. V. Secret
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on
TRADEMARK REVISION ACT OF 2006 The Dilution Statute was enacted as part of the Lanham Act in 1996. The Dilution Statute provides in 15 U.S.C. §1125(c) that the owner of a famous mark shall be entitled to an injunction against another person’s commercial use in commerce of a mark or trade name, if such use causes dilution of the distinc- tive quality of the mark and to obtain such other
Protecting Famous, Distinctive Marks: The Trademark Dilution Revision Act of 2006 Showing 1-4 of 19 pages in this report . PDF Version Also Available for Download.
Abstract. Trademark dilution is, in a general sense, a reduction in brand equity due to the unauthorized use of the trademark by third parties (junior brands).
The Trademark Dilution Revision Act of 2006 (the “TDRA”) was enacted in part to reverse statutorily the Supreme Court’s Moseley decision. Under the revised Act, a plaintiff need show only a “likelihood of dilution,” as distinguished from “actual dilution.” While the reversal of Moseley is the most dramatic effect of the TDRA, the TDRA makes a number of other significant changes

The Law Journal of the International Trademark Association

Trademark Dilution Revision Act accomplishing this goal to a greater extent than its drafters predicted. Section III concludes with a case study of Louis Vuitton
adoption and effective date of the Trademark Dilution Revision Act of 2006 (TDRA). 1 This brief article reports the results of a quantitative study of all reported federal court opinions that analyzed
Covington & Burling LLP Washington New York San Francisco London Brussels Trademark E-Alert www.cov.com October 3, 2006 TRADEMARK DILUTION REVISION ACT TO BECOME LAW
How Does the n October 2006, the Trademark Dilution Revision Act of 2006 was enacted into law (15 U.S.C. § 1125(c)). This new statute substan-
(This measure has not been amended since it was reported to the Senate on February 27, 2006. The summary of that version is repeated here.) The summary of that version is repeated here.) Trademark Dilution Revision Act of 2006 – Amends the Trademark Act of 1946 to revise provisions relating to trademark dilution.
`(A) the mark or trade name that is likely to cause dilution by blurring or dilution by tarnishment was first used in commerce by the person against whom the injunction is sought after the date of enactment of the Trademark Dilution Revision Act of 2006; and
Protecting Famous, Distinctive Marks: The Trademark Dilution Revision Act of 2006 Summary The Federal Trademark Dilution Act of 1995 (FTDA) amended section 43 of the Trademark Act of 1946 to provide a new federal cause of action for the dilution of famous, distinctive marks.
2006, Congress responded by overhauling the federal dilution provisions— specifying a likelihood of dilution standard, redefining the threshold fame requirement, defining dilution by blurring and dilution by tarnishment, and

Guilt by association an analysis of federal trademark

120 STAT. 1730 PUBLIC LAW 109–312—OCT. 6, 2006 Public Law 109–312 109th Congress An Act To amend the Trademark Act of 1946 with respect to dilution by blurring or
Trademark Dilution Revision Act of 2005—by unanimous consent. Intended to clarify Congress’ intentions on the issue of proof, HR 683 requires showing only that dilution is likely, not that it has occurred. If signed into law, HR 683 could significantly impact the availability of injunctive relief against trademark dilution. Trademark dilution occurs when there is a “lessening of the
Congress amended the trademark laws by passing the Trademark Dilution Revision Act of 2006 (TDRA). The The TDRA was passed primarily in response to the …
Congress Passes Trademark Dilution Revision Act of 2006 On September 25, 2006, Congress passed the Trademark Dilution Revision Act of 2006 (H.R. 683) (the “Act”). The bill, which is expected to be signed by President George W. Bush sometime in October 2006, marks an important shift in the statutory protection available to famous marks. The Act gives owners of famous marks significantly
Trademark Dilution Revision Act of 2006 (Enrolled as Agreed to or Passed by Both House and Senate)–H.R.683– H.R.683 One Hundred Ninth Congress
Trademark Dilution Revision Act of 2006, Pub. L. 109-312, § 120 Stat. 1730 (to be codified as 15 U.S.C. § 1125(c) and replacing the Federal Trademark Dilution Act, Pub. L. 104-98).

Trademark Dilution Revision Act (TDRA). But what are the


Lanham Act “False Advertising” Claims What Is a Plaintiff

Public Law 109-267 – An act to amend the Iran and Libya Sanctions Act of 1996 to extend the authorities provided in such Act until September 29, 2006 Text PDF More Public Law 109-268 – An act to provide funding authority to facilitate the evacuation of persons from Lebanon, and for other purposes
17/12/2007 · Scot Duvall has provided his enlightening commentary on the TDRA in an article in the latest issue of The Trademark Reporter, entitled “The Trademark Dilution Revision Act of 2006: Balanced Protection for Famous Brands.”
Trademark Act of 1946, as Amended PUBLIC LAW 79-489, CHAPTER 540, APPROVED JULY 5, 1946; 60 STAT. 427 The headings used for sections and subsections or paragraphs in the following reprint of the Act
Keywords: dilution, parody, trademark, trademarks, parodies, TDRA, Trademark Dilution Recvision Act Suggested Citation: Suggested Citation Gunnell, Justin J., Evaluation of the Dilution-Parody Paradox in the Wake of the Trademark Dilution Revision Act of 2006 (November 3, 2008).
A trademark owner may base a claim on a likelihood of confusion or trademark dilution. ACPA does not protect marks that exist only under non-U.S. law . The Trademark Dilution Revision Act of 2006 (TDRA) amended the Lanham Act, 15 U.S.C. § 1125(c) and overturned prior case law that required a showing of actual dilution by owners of a famous trademark.
Criticism and Free Speech Problems with the Federal Trademark Dilution Revision Act of 2006 , 28 C ARDOZO L. R EV . 1923, 1926 (2007) (dilution law “may prove ineffective in application, and how [ ] will not adequately shield all protected speech from threats
The Trademark Dilution Revision Act (“TDRA”),1 adopted on October 6, 2006, is the result of an almost two-year campaign to overturn the Supreme Court’s 2003 decision in Moseley v.

The Trademark Dilution Revision Act of 2006 A Welcome—and


THE TRADEMARK DILUTION REVISION ACT OF 2006 oliff.com

The Effect of the Trademark Dilution Revision Act of 2006 on the Federal Circuit Matthew J. Slowik* Introduction In October 2006, President Bush signed into law the Trademark Dilution Revision Act of 2006 (TDRA)’, legislation updating the Federal Trademark Dilution Act (FTDA) that Congress added to the Lanham Act just eleven years prior.2 Congress revised the statute in direct response to the
On October 6, the President signed into law the Trademark Dilution Revision Act of 2006. The new law allows owners of famous marks to get injunctive relief against the use of any mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence of
giordano, halleran & ciesla a professional corporation attorneys at law please respond to: u.s. postal service address: post office box 190 middletown, new jersey 07748
On October 6, 2006, President Bush signed into law the Trademark Dilution Revision Act (TDRA), which significantly amended the Federal Trademark Dilution Act with the intent of clarifying the
Trademark Dilution Revision Act of 2006, HR 683, which is intended to clarify the intent and proper ap-plication of the Federal Trademark Dilution Act of 1995. Most owners of well-known brands and trade-mark lawyers view this as a posi-tive development, as it will resolve which marks qualify for federal dilution protection and what is the proper burden of proof. The concept of dilution was fi
Abstract. Some have argued that the changes to the Federal Trademark Dilution Act (the “FTDA”) embodied in the recently enacted Trademark Dilution Revision Act of 2006 (the “TDRA”) threaten to infringe upon the right to free speech.
mark Dilution Revision Act of 2006 (fiTDRAfl). The TDRA is welcome news for owners of famous trademarks. It amends and replaces the provisions of the Federal Trademark Dilution Act of 1996 (the fi1996 Actfl), and negates the United States Su-preme Court™s holding in Moseley v. V Secret Cata-logue, Inc., 537 U.S. 418 (2003), which had se-verely weakened the protections provided under the
In 2006, Congress enacted the Trademark Dilution Revision Act and therein provided a concrete definition for a famous mark that ostensibly removed the ability to qualify for dilution relief where the mark was famous only within a particular niche.
Download PDF: Sorry, we are unable to provide the full text but you may find it at the following location(s): http://digital.library.unt.edu… (external link)
On Friday, October 6, 2006, President Bush signed into law H.R. 683, the Trademark Dilution Revision Act of 2006 (the “TDRA”). The law took effect immediately upon the President’s signature.

120 Stat. 1730 Trademark Dilution Revision Act of 2006

tual dilution. Trademark Dilution Revision Act of 2006, Pub. L. No. 109-312, 120 Stat. 1730 (codified as amended in scattered sections of 15 U.S.C.).
THE TRADEMARK DILUTION REVISION ACT OF 2006 December 6, 2006 On October 6, President Bush signed into law the Trademark Dilution Revision Act (TDRA) of 2006, revising the Federal Trademark Dilution Act (FTDA) of 1996. This Special Report summarizes the resulting changes in U.S. Trademark law and addresses the potential impact of the law on future trademark practice. I. …
Overview of the Trademark Dilution Revision Act of 2006. Owners of famous marks now have more reason to celebrate. On October 6, 2006, President Bush signed the Trademark Dilution Revision Act of 2006 (“TDRA”), which took effect immediately.
The Trademark Dilution Revision Act of 2006 (the “Revision Act”) was signed into law on October 6, 2006. The amendments significantly change the Federal Dilution Act, including in …
Dilution Revision Act of 2006 (the “TDRA”) has carved out a broad and explicit exception for parody, one that is seemingly stronger than any protection that parodies previously enjoyed in
Critical commentary from the time of the Trademark Dilution Revision Act of 2006 includes Christine Haight Farley, Why We Are Confused About the Trademark Dilution Law
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness.

International and Comparative Aspects of Trademark Dilution

Anti-Dilution Law New and Improved The Trademark

Client Alert U.S. Enacts the Trademark Dilution Revision


IP Information Sheet Depreciaton of Goodwill The U.S

Trademark dilution Wikipedia