Wednesday, March 07, 2007


Trademark dilution has been a part of U.S. federal trademark law since 1996. In order for a plaintiff to prevail under previous case law, the plaintiff needed to show that its mark was actually diluted by defendant's mark in question. Under the new law that was signed into law in October, 2006, the trademark statute is revised, so that the plaintiff now only needs to show that defendant's mark will likely cause dilution of plaintiff's mark.

Under the new law and standard, it is now easier for a plaintiff to prevail in dilution actions, because it is easier to show to likely dilution as opposed to actual dilution.

For the full text of the Trademark Dilution Revision Act of 2006, click HERE.

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