The Federal Trademark Dilution Act protects famous trademarks from dilution, going beyond traditional infringement standards. It covers nationally recognized marks for both competing and non-competing goods, addressing blurring and tarnishment issues.

The Act has evolved, with the TDRA amending the FTDA to lower the standard to likelihood of dilution. It differs from trademark infringement by not requiring confusion and applying across all product categories for famous marks.

Federal Trademark Dilution Act Overview

Purpose of Federal Trademark Dilution Act

• Safeguards famous trademarks from dilution extending protection beyond traditional likelihood of confusion standard
• Applies to nationally recognized famous marks covering both competing and non-competing goods or services (Coca-Cola, Nike)
• Addresses blurring weakening mark's distinctiveness and tarnishment harming mark's reputation
• Establishes federal cause of action allowing trademark owners to sue in federal court for dilution
• Provides remedies including injunctive relief and monetary damages for willful dilution

Key provisions of FTDA and TDRA

• Original FTDA (1995) required actual dilution for successful claims applied to registered and unregistered marks
• Moseley v. V Secret Catalogue, Inc. (2003) Supreme Court held plaintiffs must prove actual dilution not likelihood
• TDRA (2006) amended FTDA lowering standard to likelihood of dilution clarifying fame definition expanding fair use exceptions
• Current provisions require mark to be widely recognized by general consuming public (Google, Apple)
• Explicit definitions for blurring and tarnishment with factors for determining blurring
• Expanded fair use defenses protecting legitimate uses of famous marks

Dilution vs trademark infringement

• Trademark infringement based on likelihood of confusion protects consumers and mark owners applies to similar goods or services
• Dilution requires no confusion protects famous marks' distinctiveness or reputation applies across all product categories
• Infringement limited to same or related goods/services dilution extends to unrelated goods/services
• Plaintiff's burden for infringement prove likelihood of confusion for dilution prove likelihood of dilution
• Infringement remedies include injunction damages profits dilution primarily injunctive relief damages only for willful dilution
• Infringement defenses include fair use dilution has expanded fair use defenses under TDRA