Trademark Dilution Revision Act of 2006 (TDRA) | Practical Law

Trademark Dilution Revision Act of 2006 (TDRA) | Practical Law

Trademark Dilution Revision Act of 2006 (TDRA)

Trademark Dilution Revision Act of 2006 (TDRA)

Practical Law Glossary Item 5-507-2485 (Approx. 3 pages)

Glossary

Trademark Dilution Revision Act of 2006 (TDRA)

A federal statute that amended Section 43(c) of the Lanham Act, providing a civil cause of action for acts of trademark dilution (15 U.S.C. § 1125). Key components of the TDRA include:
  • Creating a likelihood of dilution standard for liability, superseding a US Supreme Court decision that had set an actual dilution standard.
  • Clarifying that the Lanham Act protects from dilution marks that have acquired distinctiveness through secondary meaning, in addition to inherently distinctive marks.
  • Defining a famous mark as a mark widely recognized by the general consuming public of the US as a source of the goods or services of the mark's owner.
  • Defining dilution by blurring and providing a list of factors for a court to consider when assessing a claim.
  • Including an expanded exemption for activities constituting fair use of a mark.
  • Establishing that an owner of unregistered trade dress has the burden of proving that the trade dress is not functional and is famous, apart from any registered marks incorporated in it.