Define: Federal Trademark Dilution Act

The Federal Trademark Dilution Act (FTDA) is a federal law in the United States that provides protection to famous trademarks against dilution, which is the unauthorized use of a similar mark that weakens the distinctiveness or reputation of the famous mark.

The FTDA aims to prevent the dilution of famous trademarks by prohibiting the use of similar marks that may cause confusion or blur the distinctiveness of the famous mark, even if there is no likelihood of consumer confusion.

Trademark infringement occurs when a mark is used in commerce that is likely to cause confusion among consumers regarding the source of goods or services. Trademark dilution, on the other hand, occurs when a similar mark is used that may weaken the distinctiveness or reputation of a famous mark, regardless of consumer confusion.

Trademark dilution can occur through either blurring or tarnishment. Blurring refers to the association of a famous mark with unrelated goods or services, while tarnishment refers to the association of a famous mark with inferior or unsavory products or services.

To establish fame under the FTDA, courts consider factors such as the duration, extent, and geographic reach of the mark’s use, the amount of advertising and publicity associated with the mark, and the degree of recognition of the mark among relevant consumers.

Yes, registration is not a requirement for protection under the FTDA. However, having a federally registered trademark can provide additional benefits and evidentiary presumptions in a dilution claim.

No, the FTDA only protects famous marks from dilution. A mark must have acquired a high level of recognition and distinctiveness among the relevant consuming public to be eligible for protection.

No, the FTDA requires that the famous mark be used in commerce to establish a claim of dilution. Mere registration or intent to use a mark is not sufficient for protection under the FTDA.

The FTDA provides for injunctive relief, which can include the court ordering the defendant to cease using the similar mark. Additionally, the trademark owner may be entitled to damages, including the defendant’s profits, and in some cases, attorney’s fees.

Yes, a defendant can assert certain defences, such as fair use, noncommercial use, or use in comparative advertising. However, the availability and success of these defences will depend on the specific facts and circumstances of each case.