Federal Trademark Dilution Act of 1995

Summary

Federal Trademark Dilution Act of 1995 - Amends the Trademark Act of 1946 to entitle owners of famous marks to injunctions against, and relief for, another's commercial use in commerce of a mark or trade name if such use begins after the mark becomes famous and causes dilution of its distinctive quality. Limits owners to injunctive relief unless the person against whom the injunction is sought willfully intended to trade on the owner's reputation or to cause dilution of the mark. Provides for additional remedies if such intent is proven. Provides that ownership by a person of a valid registration shall be a complete bar to an action against such person that is brought under common or State law and that seeks to prevent dilution of the distinctiveness of a mark, label, or form of advertisement. Provides that the following uses shall not be actionable: (1) fair use of a famous mark in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark; (2) noncommercial use of a mark; and (3) all forms of news reporting and news commentary.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 29 December 1995

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 29 December 1995

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• Introduced in Senate

  summary · EN · 29 December 1995

  Open at official source

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