Dilution Revisited : A First Look at the Trademark Dilution Revision Act

Dilution results when another's commercial use of the same or similar famous mark weakens its distinctiveness or tarnishes it. On October 6, 2006, President Bush signed into law the Trademark Dilution Revision Act (TDRA), which significantly amended the Federal Trademark Dilution Act with the intent of clarifying the ambit of protection afforded to famous marks under federal law. This article examines the revisions to trademark dilution law brought about by the TDRA, and considers other questions that may arise under its provisions. In addition, this article will draw comparisons to corresponding provisions of the Pennsylvania Anti-Dilution Act3 to contrast similarities and differences between state law and the TDRA