The FTDRA In Its First Year

Law360, New York (February 14, 2008, 12:00 AM EST) -- Prior to 1996, dilution law was based on state law because federal law did not recognize the dilution doctrine. On Jan. 16, 1996, however, the Federal Trademark Dilution Act (“FTDA”) became effective, and on Oct. 6, 2006, the Federal Trademark Dilution Revision Act (“FTDRA”) superseded the FTDA.

In relevant part, the FTDRA states that the owner of a famous mark that is distinctive, either inherently or through acquired distinctiveness, shall be entitled, subject to equitable principals, to an injunction against another’s use of a mark or...
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