In a potential step toward amending the Federal Trademark Dilution Act of 1995 (FTDA), codified at 15 U.S.C. '1125(c), the House Committee on Courts, the Internet and Intellectual Property held a hearing on April 20, 2004 to discuss the “Committee Print of a Bill to Amend the Federal Trademark Dilution Act.”
House Subcommittee Hears Testimony on Amendment to FTDA
In a potential step toward amending the Federal Trademark Dilution Act of 1995 (FTDA), codified at 15 U.S.C. §1125(c), the House Committee on Courts, the Internet and Intellectual Property held a hearing on April 20, 2004 to discuss the "Committee Print of a Bill to Amend the Federal Trademark Dilution Act." The draft legislation seeks to reverse the U.S. Supreme Court decision in <i>Moseley v. V Secret Catalogue, Inc.</i>, 537 U.S. 418 (2003) by providing that the FTDA requires proof of likely dilution, not actual dilution. It also adds a definition of the term "famous" to the Act, clarifies that the Act applies to both blurring and tarnishment of famous marks, and includes defenses intended to safeguard free speech.
By
Nancy J. MertzelThis premium content is locked for The Intellectual Property Strategist subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Intellectual Property Strategist
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.
