Test Driving the Proposed Revisions to the Federal Dilution Statute

摘要

Congress is considering amendments to the Federal Trademark Dilution Act. The amendments, contained in H.R. 683, the Trademark Dilution Revision Act of 2005, are intended to lower the burden on trademark holders attempting to prevent the dilution of their trademarks. To determine whether H.R. 683 will have its desired effects when applied by courts in trademark dilution cases, Karin Segall and William R. Thornewell apply H.R. 683 to prior trademark dilution fact patterns of actual cases. Under their analyses, the authors conclude that H.R. 683 will, for the most part, achieve its objective of lowering the burden on trademark holders attempting to prevent dilution of their marks.