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Wednesday, 15 March 2006

TRADEMARK DILUTION REVISION ACT 2006


On 8 March, the US Senate passed the Trademark Dilution Revision Act 2006. The Act introduces a likely dilution standard (instead of actual dilution), new definitions of blurring, tarnishment and famous marks (marks must be famous to qualify for actual dilution protection).


The Act is a revised version of the Bill that formed the Trademark Dilution Revision Act 2005. The 2006 version is almost identical to the 2005 version, but it introduces a general defence of non-commercial use and a special burden of proof for trade dress dilution cases.

More details here.

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