Claims for trademark dilution have increased dramatically in recent years due to the enactment of the Federal Trademark Dilution Act (FTDA) in 1996. While courts are still hammering out interpretations of this relatively new statute, some conflicts have arisen among the circuits regarding a few of the law's key provisions. It appears that a couple of issues involving the FTDA may be ripe for evaluation by the Supreme Court in the coming years. In addition to the federal statute, trademark owners appear to have a renewed interest in state dilution claims. This article will provide a background and overview of this important area of trademark law. The rationale for the antidilution doctrine is to prevent other entities from using a company's trademark and, thereby, weakening the ability of that mark to identify the original source of the good. It may also be based on the concern that a subsequent use of a mark may taint the -good reputation created by the mark's original owner.
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