Citation Edit

Trademark Dilution Revision Act of 2006 (TDRA), Pub. L. No. 109-312, 120 Stat. 1730 (Oct. 6, 2006) (full-text).

Overview Edit

The Act was enacted to address certain problems that developed under the prior law — the Federal Trademark Dilution Act of 1995 (FTDA), including:

TDRA was a legislative response to these issues. The TDRA made the following changes to the FTDA:

Criticism Edit

Critics of the legislation, however, raised concerns that the bill too heavily favored major corporations over small and future businesses. In addition, they worried that the bill could negatively affect free speech rights, small business commercial speech, and consumer interests. Finally, they believed that the bill amended federal trademark law in a manner that essentially confers to major corporations a monopoly over the use of famous marks that may contain common words and phrases.

References Edit

  1. 537 U.S. 418 (2003) (full-text).

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