Dorsey partner Bruce Ewing and Bret Parker of Wyeth consider in the ACC Docket the ramifications of the Trademark Dilution Revision Act of 2006 (TDRA). Trademark dilution is predicated on the notion that the distinctiveness of a well-known trademark can be impaired through use of its mark or similar variations thereof, even in the case of disparate goods or services and the absence of trademark confusion by the public.
The TDRA was intended to establish federal uniformity in dilution claims, while resolving a 2003 U.S. Supreme Court ruling that largely nullified any federal dilution protection. Ewing and Parker consider in turn the key changes implemented by the TDRA, including the definitions of distinctiveness and fame, the likelihood of dilution standard, dilution by blurring, defenses, unregistered trade dress and appropriate remedies. Read the article (PDF).
"How Does the Trademark Dilution Act Affect Your Legal Department" was published by the ACC Docket, May 2007. Republished with permission.