Federal Trademark Dilution Act: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Seventh Congress, Second Session, February 14, 2002 |
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2d Cir actual dilution standard actual harm AIPLA amendment anti-dilution BARRETT PARK BRARY BUICK causes dilution Chairman COBLE commercial CONG CONGRE CONGRESS THE LIBRARY Court of Appeals damage dilu dilution law economic harm enactment example famous brand famous mark famous trademark federal dilution statute Federal Trademark Dilution Fifth Circuit Fourth Circuit FTDA FTDA was intended H.R. Rep HART HORWITZ HOWARD COBLE injunctive relief injury intellectual property intent Internet interpretation issue Jetter junior user Kirk KODAK Lanham Act legislative history LIBRA LIBRARY OF CONGRESS LIBRARY RARY likelihood of confusion likelihood of dilution mark holders mark owner Nabisco Okay Pepperidge Farm PF Brands plaintiff Polo brands Polo name Polo Ralph Lauren PREPARED STATEMENT proof of actual proper standard remedy require Ringling Bros Second Circuit Section 43(c senior mark Subcommittee supra note tarnishment TCPIP Thank tion trade Trademark Dilution Act trademark infringement trademark law trademark owner
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Page 21 - Act shall have power to grant injunctions, according to the principles •of equity and upon such terms as the court may deem reasonable, to prevent the violation of any right of the registrant of a mark registered in the Patent Office.
Page 21 - The owner of a famous mark shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use in commerce of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this subsection.
Page 6 - Dilution is an injury that differs materially from that arising out of the orthodox confusion. Even in the absence of confusion, the potency of a mark may be debilitated by another's use. This is the essence of dilution.
Page 23 - dilution" means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of — (1) competition between the owner of the famous mark and other parties, or (2) likelihood of confusion, mistake, or deception.
Page 3 - Kirk also served as the Acting Assistant Secretary of Commerce and Acting Commissioner of Patents and Trademarks. Mr. Kirk earned his...
Page 8 - Bros.-Barnum & Bailey Combined Shows, Inc. v. Utah Div. of Travel Dev., 170 F.3d 449 (4th Cir. 1999); Westchester Media v.
Page 6 - The protection of marks from dilution differs from the protection accorded marks from trademark infringement. Dilution does not rely upon the standard test of infringement, that is, likelihood of confusion, deception or mistake. Rather...
Page 11 - Trademark Act of 1946") (15 USC 1052) is amended by adding at the end the following flush sentences: "A mark which when used would cause dilution under section 43(c) may be refused registration only pursuant to a proceeding brought under section 13. A registration for a mark which when used would cause dilution under section 43(c) may be canceled pursuant to a proceeding brought under either section 14 or section 24.".
Page 25 - With respect to lost profits, if the famous senior mark were being exploited with continually growing success, the senior user might never be able to show diminished revenues, no matter how obvious it was that the junior use diluted the distinctiveness of the senior. DEFINITION OF 'FAMOUS MARKS' Proposed § 1 1 25(c)(2)(A) would provide that a mark is "famous...
Page 6 - Such confusion leads to immediate injury, while dilution is an infection which, if allowed to spread, will inevitably destroy the advertising value of the mark.