Trademark Dilution Revision Act of 2005

report (to accompany H.R. 683) (including cost estimate of the Congressional Budget Office)
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by
U.S. G.P.O. , [Washington, D.C
Trademarks -- Law and legislation -- United States, Trademark infringement -- United States, Competition, Unfair -- United S
SeriesReport / 109th Congress, 1st session, House of Representatives -- 109-23
The Physical Object
Pagination35 p. ;
ID Numbers
Open LibraryOL14547007M
OCLC/WorldCa58962575

An Act To amend the Trademark Act of with respect to dilution by blurring or tarnishment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

SHORT TITLE. (a) SHORT TITLE.—This Act may be cited as the ‘‘Trademark Dilution Revision Act of ’’. Book/Printed Material Trademark Dilution Revision Act of report (to accompany H.R. ) (including cost estimate of the Congressional Budget Office). Summary of H.R - th Congress (): Trademark Dilution Revision Act of The Trademark Dilution Revision Act of (H.R.

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) was a law passed in the United States covering trademark law, and specifically dealt with trademark dilution. The act amended the Trademark Act of and the later Federal Trademark Dilution Act, and was passed through the United States House of Representatives on Ap followed by the Senate (who amended it) on March 8.

Oct 6, H.R. (th). To amend the Trademark Act of with respect to dilution by blurring or tarnishment. Ina database of bills in Trademark Dilution Revision Act of 2005 book U.S. Congress.

trademark dilution revision act of hearing before the subcommittee on courts, the internet, and intellectual property of the committee on the judiciary house of representatives one hundred ninth congress first session on h.r.

febru page 2 prev page top of doc serial no. –2 printed for the use of the committee on. The Federal Trademark Dilution Act of is a United States federal law which protects famous trademarks from uses that dilute their distinctiveness, even in the absence of any likelihood of confusion or competition.

It went into effect on Janu This act has been largely supplanted by the Trademark Dilution Revision Act of (TDRA), signed into law on October 6, Get this from a library. Trademark Dilution Revision Act of hearing before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, on H.R.Febru [United States.

Congress. House. Committee on the Judiciary. Under the Trademark Dilution Revision Act, to state a claim for trademark dilution, a plaintiff must prove that: 1. The plaintiff owns a famous mark that is distinct. Get this from a library. Trademark Dilution Revision Act of report (to accompany H.R.

) (including cost estimate of the Congressional Budget Office). [United States. Congress. Trademark Dilution Revision Act of 2005 book House. Committee on the Judiciary.]. The Trademark Dilution Revision Act of sought to end the discrepancies surrounding the trademark dilution question by providing for adequate and precise definitions and consideration factors as to provide for a concise and accurate interpretation of the instated legislation.

Trademark Dilution Revision Act of provides for a comprehensive definition of the different types of trademark dilution as recognized by federal law. Such definitions have amended the Trademark Act ofand thus rendering the Dilution Act of obsolete and outdated. Trademark Dilution Revision Act ("TDRA").

But what are the limitations of these companies' statutory protections under the TDRA, and more generally under the Lanham Act. And are these statutory protections enough to protect the rights of individuals and corporations as the United States Patent and Trademark Office con-Author: Alexander J.

Kasparie. Trademark Dilution Revision Act ofPub.Stat. The original bill that became the TDRA was first introduced in February 2. Moseley v. V Secret Catalogue, Inc., U.S. See id. at (holding that a plaintiff must prove actual dilution).

The Trademark Dilution Revision Act of (the “TDRA”) was enacted in part to reverse statutorily the Supreme Court’s Moseley decision. Under the revised Act, a plaintiff need show only a “likelihood of dilution,” as distinguished from “actual dilution.”.

The Trademark Dilution Revision Act. Much of this turmoil was resolved inwhen Congress enacted the Trademark Dilution Revision Act (TDRA). That revised the Lanham Act by eliminating the need to demonstrate actual or likely confusion, competition, or actual economic injury when the owner of a famous mark seeks an injunction to stop.

Bon Tool," The Midwest Intellectual Property Institute’s IP Book, April Property Roundtable National Discussion Outline, Nov. "The Dilution Dilemma: Litigating Dilution Claims and the Trademark Dilution Revision Act of ," ABA Intellectual Property Roundtable, Dec.

"An Overview of the Traditional Law of. Victoria Secret Catalogue Inc3 decision and the Trademark Dilution Revision Act, (hereinafter TDRA). Section II provides a brief background of trademark dilution including the definition of a trademark, the trademark registration process, and the remedies available for trademark violations, especially under trademark dilution laws.

By Eric Goldman Last week, President Bush signed the Trademark Dilution Revision Act of into law. Ostensibly, this law was intended to overturn the Moseley case’s requirement that plaintiffs show “actual dilution” instead of a “likelihood of dilution.” However. Trademark Dilution Revision Act of - Amends the Trademark Act of to revise provisions relating to trademark dilution.

Entitles an owner of a famous mark that is distinctive to an injunction against another person who commences use of a mark of trade name, after it has become famous, in commerce in a manner that is likely to cause.

Trademark revision act of dilution describes the phrase of fair use in respect of using marks which are commented or identified upon the famous business marks. Now for unregistered trade dress one needs to put more efforts on proving its existence without which.

On October 5,The High Tech Law Institute hosted a one-day symposium bringing together legal scholars and social scientists to examine trademark dilution as a legal and social phenomenon. Through the cross-disciplinary conversation, this conference shed new light on the purported harms caused by trademark dilution and possible policy approaches to address those harms.

24 Dilution injury caused by the cumulative effect of numerous diluting acts has been compared to "bee stings," Trademark Dilution Revision Act ofCONG. REC. H, (daily ed. Apr. 19, ) (statement of Rep. Berman), and "death by cuts," Trademark Dilution Revision Act of The Trademark Dilution Revision Act (TDRA) We retain U.S.

firms from to with book assets of at least $\$$ 1 million and with nonmissing and nonnegative revenue and market value of equity. These screens yield a sample offirm-years firms. All accounting variables are winsorized at the 1% and 99% levels. dilution, trademark infringement and unfair competition.

Inthe District Court ruled for Black Bear on all claims. Starbucks appealed, but during the appeal Congress passed the Trademark Dilution Revision Act of (TDRA). In light of the new dilution standards, the Second.

n Octoberthe Trademark Dilution Revision Act of was enacted into law (15 U.S.C. § (c)). This new statute substan-tially changed the laws of trademark dilution in the United States.

As a general matter, the statute makes it more difficult for a trademark File Size: KB. Trademark Dilution Revision Act of (1) Please sign up for the course before starting the lesson. This exercise presents an excerpt from the US Trademark Dilution Revision Acttraining your reading and vocabulary skills in the context of trademark legislation.

Details Trademark Dilution Revision Act of 2005 FB2

THE TRADEMARK DILUTION REVISION ACT OF A WELCOME—AND NEEDED—CHANGE Dale M. Cendali & Bonnie L. Schriefer* † Some have argued that the changes to the Federal Trademark Dilution Act (the “FTDA”) embodied in the recently enacted Trademark Dilution Revision Act of (the “TDRA”) threaten to infringe upon the right to free by: 2.

Federal Trademark Dilution Act () and Trademark Dilution Revision Act () of a copyrighted material can dispose of that copy anyway they want if they hold legal possession of it.

Bob buys a book and then decides to sell it to Josh. Trade Secret.

Description Trademark Dilution Revision Act of 2005 EPUB

Protecting Famous, Distinctive Marks: The Trademark Dilution Revision Act of Introduction The Trademark Dilution Revision Act of (H.R. ) was passed by the House on a vote of to 8, on Ap 1 The Senate passed H.R.

with an amendment in the nature of a substitute, by unanimous consent, on March 8, 2 Among. court’s dilution analysis borrowed heavily from its analysis that the handbags were counterfeit. It first held, however, that the applicable dilution standard was the one found in the Federal Trademark Dilution Act (FTDA), which was replaced in by the Trademark Dilution Revision Act File Size: 47KB.TDRA - Trademark Dilution Revision Act.

Looking for abbreviations of TDRA? It is Trademark Dilution Revision Act. restructuring the trademark dilution by blurring factors in the Trademark Dilution Revision Act of Corporations may get a bigger stick for hitting gripe sites if Congress passes the Trademark Dilution Revision Act of Trademark Dilution Revision Act of (TDRA), 15 U.S.C.

§ (c) (Supp. ). Section (c) is also referred to as section 43(c) of the Lanham Act, due to the Trademark Act's numbering system. See infra notes and accompanying text.

See infra notes and accompanying text.