Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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 Moseley v. V Secret Catalogue, Inc., 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.
The hearing came slightly more than a year after the Supreme Court's unanimous decision in Moseley, a decision that has generated a great deal of discussion in the trademark community. In Mosely, the Supreme Court relied on the text of the statute, stating that it “unambiguously requires a showing of actual dilution, rather than a likelihood of dilution.” While actual lost sales or profits do not need to be proved before an injunction can be issued, the Court held that a plaintiff must provide at least circumstantial evidence of actual dilution of its trademark before such relief may be granted.
The drive to amend the FTDA since Moseley was decided has been gaining momentum in large part due to the difficulty among trademark owners in determining the amount of proof and type of evidence required to establish dilution. In his prepared testimony before the Committee, Robert Sacoff, the chair of the American Bar Association's Section of Intellectual Property Law, stated that: “the Moseley decision requiring actual dilution has proven unworkable in practice.”
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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 a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?