Trademark Dilution: Where We Are Going, Where We Have Been
October 25, 2006, 12:00 AM EDT
Law360, New York (October 25, 2006, 12:00 AM EDT) -- On October 6, 2006, the President signed into law H. R. 683, the Trademark Dilution Revision Act of 2006 (“TDRA”). H. R. 683 is a great step forward in clarifying the United States law of dilution, which in its relatively short history (nearly 80 years) has had a labyrinthine past.
Dilution law in the United States traces it roots back to Schecter, The Rational Basis of Trademark Protection, 40 Harv. L. Rev. 813 (1927). Although, in his seminal article, Schecter does not refer to “dilution” by...