Trademark Dilution Revision Act of 2005

The Trademark Dilution Revision Act of 2005 (HR 683) was introduced February 9, with a hearing of the House Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property on February 16. The law appears to be a trademark owner’s wish list, most specifically to overturn the Moseley case by allowing an injunction based on likelihood of dilution, not actual dilution. Even more disconcerting to me is the proposal to create a cause of action against defendants who “willfully intended to trade on the recognition of the famous mark” or “willfully intended to trade on the reputation of the famous mark.” These seem to implicitly codify the goodwill misappropriation/initial interest confusion/”diversion” cases that have made trademark law so plaintiff-favorable.

UPDATE: The law has passed. My comments on the Trademark Dilution Revision Act of 2006 as passed.