Currently the Trademark Dilution Revision Act of 2005, H.R. 683 is undergoing revision but its main provisions set out several changes in the current law pertaining to trademark holders.
- To violate H.R 683, it need only be demonstrated that a "likelihood of dilution" exists to the owner's famous mark - much less demanding to prove. An owner will not need to wait until the diluter has caused actual economic damage to his trademark, but can redress the danger of injury, resulting from blurring or tarnishment, at its incipiency.
- The FTDA does not define fame but rather sets out an ambiguous list of eight non-exclusive factors by which courts will determine a trademark's fame. Uncertainty plagues trademark owners and courts are hopelessly split. H.R. 683 instead focuses court's consideration of fame to three criteria which will establish the new standard of “whether a mark is widely recognized by the general consuming public of the United States..”
- The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or by third parties.
- The amount, volume, and geographic extent of sales of goods or services offered under the mark.
- The extent of actual recognition of the mark.
Vol. 53, June 2010