Trademark Dilution Revision Act of 2006 ready for Bush to sign

What has previously been a muddled area of trademark law may get some clarity when, as expected, President Bush signs H.R. 683, known as the Trademark Dilution Revision Act of 2006. This act sets the standard of proof in dilution claims as "likelihood of dilution," and not actual dilution. The Act provides for injunctive relief for famous marks when a likelihood of dilution by blurring or by tarnishment exists, regardless of the actual or likely confusion, competition, or economic injury. 'Dilution by blurring' is association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark. 'Dilution by tarnishment' is association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark. Additional remedies, along with fair use and other exclusions may also be available.