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Sunday, August 2, 2020 | History

2 edition of Committee Print to Amend the Federal Trademark Dilution ACT found in the catalog.

Committee Print to Amend the Federal Trademark Dilution ACT

United Tates

Committee Print to Amend the Federal Trademark Dilution ACT

Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the

by United Tates

  • 292 Want to read
  • 17 Currently reading

Published by Government Printing Office .
Written in English


The Physical Object
FormatHardcover
Number of Pages59
ID Numbers
Open LibraryOL10116465M
ISBN 100160717949
ISBN 109780160717949

The federal trademark anti-dilution act provides the owners of famous trademarks with another weapon in protecting and enforcing valuable trademark rights. Thus, any third party use of your mark or your company's mark for a commercial purpose, even if the third party's goods are non-competing with your goods, can potentially be stopped. The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. At its top level, it divides the world of legislation into fifty topically-organized Titles, and each Title is further subdivided into any number of logical subtopics.

Committee of the Interna-tional trademark association (INta) and was a member of the INta’s Select Committee on Dilution, whose work was instrumental in the de-velopment and enactment of the trademark Dilution revision act of He can be reached at @ Size: KB.   First of all, a claim of trademark dilution can only be asserted by the owner of a famous trademark. The mark must be nationally well known. The mark must be nationally well known. Ford, Disney, Coca-Cola, and, yes, Ben & Jerry’s, are the types of marks that would clearly qualify for protection under the Trademark Dilution Revision Act of

protection, in , Congress passed the Federal Trademark Act, known as the Lanham Act.' In its original form, the Lanham Act protected trademarks by prohibiting a broad array of conduct likely to cause confusion, deception, or mistake in the marketplace, but the act did not prohibit the "dilution" of a. In “Beanies”: Dilution And Generic Legal Issues”, I discussed the decision in which the United States Court of Appeals for the Seventh Circuit spent considerable time defining the parameters of what might constitute dilution of trademarks under the Federal Trademark Dilution Act (“FTDA”).Those parameters should now be read in view of the United States Supreme Court’s (“The Court.


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Committee Print to Amend the Federal Trademark Dilution ACT by United Tates Download PDF EPUB FB2

The Subcommittee on Courts, the Internet, and Intellectual Property will come to order. Today's hearing is on the committee print to amend the Federal Trademark Dilution Act.

I will recognize myself for an opening statement, then the gentleman from California, the Ranking Member. Get this from a library.

Committee print to amend the Federal Trademark Dilution Act: hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, second session, Ap [United States.

Congress. House. Committee on the Judiciary. th Congress Report HOUSE OF REPRESENTATIVES 1st Session _____ FEDERAL TRADEMARK DILUTION ACT OF _____ Novem Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _____ Mr.

Moorhead, from the Committee on the Judiciary, submitted the following R E P O R T [To accompany H.R. The Federal Trademark Dilution Act of 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 Janu This act has been largely supplanted by the Trademark Dilution Revision Act of (TDRA), signed into law on October 6, An Act To amend the Trademark Act of with respect to dilution by blurring or tarnishment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

SHORT TITLE. (a) SHORT TITLE.—This Act may be cited as the ‘‘Trademark Dilution Revision Act of ’’. 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, and have little connection with, those of the trademark owner.

The Trademark Dilution Revision Act. Much of this turmoil was resolved inwhen Congress enacted the Trademark Dilution Revision Act (TDRA).

That revised the Lanham Act by eliminating the need to demonstrate actual or likely confusion, competition, or actual economic injury when the owner of a famous mark seeks an injunction to stop.

The Federal Trademark Dilution Act of preempts the state laws. Under the Federal Trademark Dilution Act of (Dilution Act), a trademark owner need not prove a likelihood of confusion in order to protect the mark. Instead, the focus is on whether the distinctive quality is diluted.

This means that a trademark owner can bring a dilution. Trademark Dilution. The Federal Trademark Dilution Act of expanded the scope of rights granted to famous and distinctive trademarks under the Lanham Act.

Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark.

This legislation, the ''Federal Trademark Dilution Act of '' was passed by Congress and codified in Section 43(c) of the Lanham Act. As noted in the Report of the Committee on the Judiciary (Rpt.

–), ''the federal remedy provided in H.R. against trademark dilution will bring uniformity and consistency to the protection of. It is Federal Trademark Dilution Act of Federal Trademark Dilution Act of listed as FTDA [2], at to (); JEROME GILSON, Trademark Dilution Now a Federal Wrong: An Analysis of the Federal Trademark It's As Clear As Mud: A Call To Amend The Federal Trademark Dilution Act of81 CHI.-KENT.

The trademark. Trademark Act ofas Amended PUBLIC LAWCHAPTERAPPROVED JULY 5, ; 60 STAT. The headings used for sections and subsections or paragraphs in the following reprint of the Act are not part of the Act but have been added for convenience in using this reprint.

Prior trademark. (th). A bill to amend the Trademark Act of to make certain revisions relating to the protection of famous marks. Ina database of bills in the U.S.

Congress. The “Request To Delete Section 1(b) Basis, Intent To Use” form can be found in the same location as the Post-Publication Amendment form, which is used to make amendments to a registered trademark.

Sometimes, people or companies are only interested in deleting certain parts of a registered trademark, such as the good or service it provides. Federal Trademark Dilution Act () and Trademark Dilution Revision Act () print, sell, or otherwise use that production for a statutory period of time.

of a copyrighted material can dispose of that copy anyway they want if they hold legal possession of it. Bob buys a book. Committee Print to Amend the Federal Trademark Dilution Act: Hearing Before the H. Subcomm. on Courts, the Internet, and Intellectual Property of the H.

Comm. on the Judiciary, th Cong. The law provides a cause of action for trademark owners if they can establish the following: 1. What is the Federal Trademark Dilution Act of. a federal district court in New York ruled in in Planned Parenthood Federation of America, Inc.

Bucci that a radio host and anti-abortion activist who had a website with the domain. court’s dilution analysis borrowed heavily from its analysis that the handbags were counterfeit.

It first held, however, that the applicable dilution standard was the one found in the Federal Trademark Dilution Act (FTDA), which was replaced in by the Trademark Dilution Revision Act File Size: 47KB. The inclusion into federal law took quite some time, which at least proves to show that the state legislation managed to provide for justifiable and agreeable regulations regarding trademark dilution.

However, a federal law for the dilution of trademarks was necessary in order to properly enforce the lawful use of trademarks in those states. First Sale Doctrine provides a trademark seller cannot act against resellers. Fair Use Doctrine allows a competitor to use a rival's trademark to identify the other's product.

Nominative Use. A defendant is not in violation of trademark infringement if the defendant only talks about the mark itself.

Genericity. An Act. To amend the Trademark Act of with respect to dilution by blurring or tarnishment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

SHORT TITLE. (a) Short Title- This Act may be cited as the `Trademark Dilution Revision Act of '.Full text of "Federal Trademark Dilution Act" See other formats FEDERAL TRADEMARK DILUTION ACT HEAKING BEFORE THE SUBCOMMITTEE ON COURTS, THE INTERNET, AND INTELLECTUAL PROPERTY OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTH CONGRESS SECOND SESSION FEBRU Serial No.

53 Printed .Full text of "Madrid Protocol Implementation Act and Federal Trademark Dilution Act of hearing before the Subcommittee on Courts and Intellectual Property of.