House Subcommittee Hears Testimony on Amendment to FTDA

In a potential step toward amending the Federal Trademark Dilution Act of 1995 (FTDA), codified at 15 U.S.C. &sect;1125(c), the House Committee on Courts, the Internet and Intellectual Property held a hearing on April 20, 2004 to discuss the "Committee Print of a Bill to Amend the Federal Trademark Dilution Act." The draft legislation seeks to reverse the U.S. Supreme Court decision in <i>Moseley v. V Secret Catalogue, Inc.</i>, 537 U.S. 418 (2003) by providing that the FTDA requires proof of likely dilution, not actual dilution. It also adds a definition of the term "famous" to the Act, clarifies that the Act applies to both blurring and tarnishment of famous marks, and includes defenses intended to safeguard free speech.

12 minute read June 01, 2004 at 02:21 PM
By
Nancy J. Mertzel
House Subcommittee Hears Testimony on Amendment to FTDA

In a potential step toward amending the Federal Trademark Dilution Act of 1995 (FTDA), codified at 15 U.S.C. '1125(c), the House Committee on Courts, the Internet and Intellectual Property held a hearing on April 20, 2004 to discuss the “Committee Print of a Bill to Amend the Federal Trademark Dilution Act.”

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