Us Dilution Amendment Nib Passed Past Times House

Yesterday the US House of Representatives passed a neb that volition cash inward one's chips known every bit the Trademark Dilution Revision Act of 2005. The neb seeks to undo the “damage” done past times the Supreme Court inward the Victoria’s Secret illustration too to atomic publish 26 out a few dilution wrinkles that bring come upwards to low-cal since the master copy Federal Trademark Dilution Act was passed inward 1995. Major changes to dilution police pull are:

*It is made clear that likely, rather than actual, dilution is required for a successful claim.
*There is no ask to present that the claimant has suffered economical injury.
*It is made clear that the senior order must hold upwards famous amid the full general US consuming public. This way that fame inward a niche production or geographical marketplace position volition hold upwards insufficient.
*It is made clear that the Act outlaws both blurring too tarnishment.
*A non-exhaustive multifactor bear witness for blurring.
*A Definition of tarnishment.

The neb instantly goes to the Senate.

Dilution – the pun is inevitable

notes that the amendment provides stronger protection, only to a narrower hit of marks. He’s pretty puzzled though – 1 of the factors inward the multifactor bear witness for blurring is “Any actual association betwixt the order or merchandise cite too the famous mark”. The factors inward the bear witness are non prerequisites for a successful blurring claim, though if they are acquaint they volition assist to present that blurring has occurred. How tin a junior order harm an before order if consumers create non associate the afterward order alongside the before mark? This is something that has been realised inward the EU, where the ECJ inward Adidas v Fitnessworld has said that at that topographic point must hold upwards a “link” or “association” betwixt the 2 marks for at that topographic point to hold upwards detriment or unfair advantage.

The neb is available here – it is HR 683.
Perfect dilution here too here