Congress relaxes standard for trademark dilution

Fox News reports that earlier this week Congress passed the Trademark Dilution Revision Act (H.R. 683).  The Act is designed to protect "famous" marks from uses that blur their distinctiveness or tarnish their reputations. 

The Act is in response to the Supreme Court’s decision in Moseley v. V. Secret Catalogue, Inc., in which the Court held that a showing of "actual dilution" is required for an owner of a famous mark to establish dilution.  Under the Act an owner of a famous mark needs only prove a likelihood of dilution.

Trademarks 101

Courtesy of Bucks County Courier Times.

Apple seeks to enforce trademark rights to “Pod”

According to this Information Week article, Apple is claiming trademark rights to "Pod" used in connection with portable devices.  This is an example of two things:  1) the need to get trademark clearance before naming and introducing a new product; and 2) a trademark owner’s duty to police its marks.  It will be interesting to see whether the fame of the iPod leads to claims of generecide of the mark.