Dilution Revision Act: Broad Changes Make It Easier For Trademark Owners To Prove Dilution And Obtain Injunctive Relief
December 7, 2006, 12:00 AM EST
Law360, New York (December 7, 2006, 12:00 AM EST) -- On October 6, 2006, President Bush signed into law the Trademark Dilution Revision Act of 2006 (TDRA). The TDRA was enacted in response to the U.S. Supreme Court’s decision in Moseley v. V Secret Catalogue Inc., which required proof of actual dilution for dilution claims, as opposed to establishing a likelihood of dilution.
The TDRA statutorily reverses this decision and makes it easier for trademark owners to prove dilution of their marks and obtain injunctive relief.
* Background *
In 1995, Congress enacted the Federal Trademark...