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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.”

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Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....