(59) The FTDA
provided protection for famous trademarks from
lack of proof of actual dilution, no violation of the FTDA
decade later, the changes made to the trademark laws with the FTDA
Part II investigates the inherent weaknesses of the FTDA
definition of dilution, explores courts' various methodologies for analysis of dilution claims, and explains the interpretations of the standard of harm necessary for injunctive relief.
He concluded: "As the FTDA
[Federal Trademark Dilution Act] expands, it alters the dynamic tension between trademark holders and free speech in favor of trademark holders....
Existing statutes like the Lanham Act (47) and the Federal Trademark Dilution Act (48) ("FTDA
") failed to adequately address the use of trademarks on the Internet and cybersquatting.
shortcomings of the FTDA
and gives birth to a new set of problems that
Secret Catalogue, Inc., the Supreme Court held that the owner of a famous mark must show actual dilution of its mark to be entitled to injunctive relief under the Federal Trademark Dilution Act (FTDA
Trademark Dilution: Federal, State and International Law (Nov., '02), from BNA Books (Washington, D.C.), describes and analyzes the range of dilution law, including the 1995 Federal Trademark Dilution Act (FTDA
), state antidilution laws, and international law.
has had a number of its modules chosen by Interflora (FTDA
) British Unit Ltd.
(100) Paul Edward Kim, Comment, Preventing Dilution of the Federal Trademark Dilution Act: Why the FTDA
Requires Actual Economic Harm, 150 U.
The Second Circuit in Sporty's ordered injunctive relief but no damages under both the ACPA or the FTDA
or state law (there was also a claim brought under applicable state unfair competition law).