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 | 5 min read | 06.04.26

EU Pay Transparency Directive: The Transposition Deadline is Looming — What Now?

Three years have passed since the EU Pay Transparency Directive ("PTD") came into existence, and it now appears highly likely that very few EU Member States will have fully transposed its provisions into national law by the 7 June 2026 deadline.  For employers operating across the EU, this creates a deeply uncomfortable question: what are your obligations right now?...