Trademark Dilution Revision Act
Encyclopedia
The Trademark Dilution Revision Act of 2006 (H.R. 683) was a law passed in the United States
covering trademark law, and specifically dealt with trademark dilution
.
The act amended the Trademark Act of 1946
and the later Federal Trademark Dilution Act
, and was passed through the United States House of Representatives
on April 19, followed by the Senate (who amended it) on March 8. It was signed into law by the then-President George W. Bush
on October 6, 2006. It was primarily designed to overturn the U.S. Supreme Court decision in Moseley v. V Secret Catalogue, Inc., which had specified a need to show actual trademark dilution, rather than the likelihood of dilution. It also amended US law in this area in a few other ways. It limited protection from trademark dilution to those recognised by a member of the general public, rather than one in a niche market, for example an area relevant to either or both products. It also slightly amended defense on the grounds of fair use
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
covering trademark law, and specifically dealt with trademark dilution
Trademark dilution
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with,...
.
The act amended the Trademark Act of 1946
Lanham Act
The Lanham Act is a piece of legislation that contains the federal statutes of trademark law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.-History:Named for Representative Fritz G...
and the later Federal Trademark Dilution Act
Federal Trademark Dilution Act
The Federal Trademark Dilution Act of 1995 is a United States federal law which protects famous trademarks from uses that dilute their distinctiveness, even in the absence of any likelihood of confusion or competition. It went into effect on January 16, 1996...
, and was passed through the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
on April 19, followed by the Senate (who amended it) on March 8. It was signed into law by the then-President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on October 6, 2006. It was primarily designed to overturn the U.S. Supreme Court decision in Moseley v. V Secret Catalogue, Inc., which had specified a need to show actual trademark dilution, rather than the likelihood of dilution. It also amended US law in this area in a few other ways. It limited protection from trademark dilution to those recognised by a member of the general public, rather than one in a niche market, for example an area relevant to either or both products. It also slightly amended defense on the grounds of fair use
Fair use (U.S. trademark law)
In the United States, trademark law includes a fair use defense, sometimes called "trademark fair use" to distinguish it from the better-known fair use doctrine in copyright. As with copyright law, the trademark fair use doctrine is premised in significant part on the First Amendment guarantees of...
.