Posted On: September 29, 2006 by

Trademark and Copyright Bills Readied for Presidential Approval

In the latest AIPLA Report (sorry, AIPLA membership is required to read the article), it was reported that the House of Representatives agreed to a Senate amendment regarding H.R. 683 (trademark dilution) and H.R. 1036 (copyright), clearing the bills for White House approval. A copy of H.R. 683 is available here . H.R. 683's changes to the Federal Trademark Dilution Act (FTDA) are a direct response to the Supreme Court's decision in <%media(20060929-Victoria's Secret.pdf|Moseley v. V Secret Catalogue, Inc.)%> While Moseley interpreted the FTDA to require proof of actual dilution, <%media(20060929-HR 683 EAS.pdf|H.R. 683 )%> would only require claimants under the FTDA to show that the defendant's use is "likely to cause dilution by blurring or dilution by tarnishment." The bill then goes on to define "famous," "dilution by blurring," and "dilution by tarnishment" and to provide for fair use of famous marks.