Tuesday, September 26, 2006

Trademark Dilution Revision Act of 2006 Goes to President for Signature

Yesterday, the U.S. House of Representatives agreed to the Senate Amendment to H.R. 683, and the Trademark Dilution Revision Act of 2006 will now proceed to the President for signature. The approved Senate version may be found here.

Among other changes to current law, the Act establishes a "likelihood of dilution" standard for a dilution claim, and provides for relief from both dilution by blurring and dilution by tarnishment.

The TTAB has never decided which standard -- actual dilution or likelihood of dilution -- applies when a challenged and allegedly diluting mark has already been put into use. [In intent-to-use cases, it applied a likelihood of dilution standard. See "The TTAB in 2004: What Was Hot, What Was Not," at Section IIA.] The new Act resolves that issue by specifically providing that a likelihood of dilution standard applies in TTAB proceedings.

Text Copyright John L. Welch 2006


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