The Trademark Dilution Revision Act of 2006 (H.R. 683, ) was a law passed in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

covering

trademark law A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from othe ...

, and specifically dealt with

trademark dilution Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of anoth ...

. The act amended the

Trademark Act of 1946 The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. ...

and the later

Federal Trademark Dilution Act The Federal Trademark Dilution Act of 1995 ({{uspl, 104, 98) is a United States federal law which protects famous trademarks from uses that trademark dilution, dilute their distinctiveness, even in the absence of any likelihood of confusion or compe ...

, and was passed through the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

on April 19, followed by the Senate (who amended it) on March 8. It was signed into law by the then-President

George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...

on October 6, 2006. It was primarily designed to overturn the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

decision in ''

Moseley v. V Secret Catalogue, Inc. ''Moseley v. V Secret Catalogue, Inc.'', 537 U.S. 418 (2003), is a decision by the Supreme Court of the United States holding that, under the Federal Trademark Dilution Act, a claim of trademark dilution requires proof of actual dilution, not mer ...

'', which had specified a need to show ''actual'' trademark dilution, rather than the likelihood of dilution. It also amended U.S. law in this area in a few other ways. It limited protection from trademark dilution to those recognized by a member of the general public, rather than one in a niche market, for example an area relevant to either or both products. It also amended the

fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests ...

A Much-Needed Change
'. Michigan Law Review. Dale M. Cendali and Bonnie L. Schriefer. Accessed 8 May 2010.defense, and added an express defense for noncommercial use.

References

{{reflist United States federal trademark legislation Acts of the 109th United States Congress