1. Home
  2. |Insights
  3. |President Signs Changes To Trademark Dilution Law

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 | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....