Congress relaxes standard for trademark dilution
September 28, 2006
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.