President Signs Changes To Trademark Dilution Law
Client Alert | 1 min read | 10.12.06
President Bush signs the Trademark Dilution Revision Act of 2006 (“Act”), amending the Lanham Act in response to the Supreme Court's decision in Moseley v. V Secret Catalogue, Inc ., 537 U.S. 418 (2003), which held that a dilution plaintiff must show actual dilution of its mark.
The Act lowers the standard set out in Moseley and provides that a plaintiff only needs to show a likelihood of dilution to sustain a claim. It specifically provides for relief from both dilution by blurring and dilution by tarnishment.
The new law also addresses a conflict among the Circuit Courts regarding whether a mark can be famous among a defined segment of the population, known as “niche market fame.” “Niche market” fame in a limited market appears to be disqualified by the Act's language that “a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark's owner.”
Insights
Client Alert | 9 min read | 10.21.26
The life sciences sector is uniquely vulnerable to the inherent risks of AI-generated evidence in drug development and discovery. This client alert focuses on five core challenges: hallucinations, skewed predictions from unrepresentative training data, the opacity of AI reasoning, input sensitivity that undermines reproducibility, and adversarial manipulation of training data. To address these risks, companies should use experimental validation and human oversight as the common legal and regulatory safety net. This entails among other measures auditing AI outputs, characterizing training data, and structural oversight. Companies also should prepare for evolving frameworks and guidance from the U.S. Food and Drug Administration (FDA) and the European Union (EU) that address use of AI in drug discovery and development .
Client Alert | 2 min read | 10.21.26
Client Alert | 3 min read | 10.21.26
Private Investigations Act Series: Temporal, material and territorial scope
Client Alert | 7 min read | 10.21.26
