翻訳と辞書
Words near each other
・ Federal telephone excise tax
・ Federal Territories (Malaysia)
・ Federal Territories of Venezuela
・ Federal territory
・ Federal Territory Day
・ Federal Territory Mosque
・ Federal Territory Vigilance Association
・ Federal Theatre Project
・ Federal Theological Seminary of Southern Africa
・ Federal Tiber
・ Federal Times
・ Federal Tort Claims Act
・ Federal Trade Commission
・ Federal Trade Commission Act
・ Federal Trade Commission Building
Federal Trademark Dilution Act
・ Federal Transfer Center, Oklahoma City
・ Federal Transit Administration
・ Federal Treaty
・ Federal Triangle
・ Federal Triangle Flowers
・ Federal Triangle station
・ Federal tribunals in the United States
・ Federal Unemployment Tax Act
・ Federal Union
・ Federal Union of European Nationalities
・ Federal University Dutse
・ Federal University Gashua
・ Federal University Gusau
・ Federal University of Acre


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Federal Trademark Dilution Act : ウィキペディア英語版
Federal Trademark Dilution Act
The Federal Trademark Dilution Act of 1995 is a United States federal law which protects famous trademarks from uses that dilute their distinctiveness, even in the absence of any likelihood of confusion or competition. It went into effect on January 16, 1996. This act has been largely supplanted by the Trademark Dilution Revision Act of 2006 (TDRA), signed into law on October 6, 2006.
==Summary==

Trademark dilution occurs when a use of a trademark by someone other than its owner impairs the mark's distinctiveness, whether or not the mark is used on a competing product or in a way that is likely to cause customer confusion.
A distinction is made between trademark dilution and trademark infringement. Infringement occurs when someone other than a trademark's owner uses the mark in a way that is likely to cause customer confusion. For example, if someone other than the Kodak corporation started marketing film under the mark KODAK, customers would probably be confused, because customers have come to associate KODAK film with a specific source and would probably believe that any KODAK film they see comes from that source.
If however, another company started marketing KODAK brand pianos, there might be little or no customer confusion, because customers would probably recognize that Kodak is unlikely to branch into the piano business or to use its film brand name on pianos. So customers would probably recognize that the KODAK pianos come from a different source. However, the KODAK pianos might still harm Kodak, because it would lessen the strong association, which the company has spent billions of dollars creating, between the word KODAK and film. Some customers, upon seeing the mark KODAK, would no longer instantly think of film—some would think of pianos instead. This lessening of the association between "KODAK" and "film" is trademark dilution.
Many states have long had statutory protection against trademark dilution. Until 1996, federal law protected only against trademark infringement. In that year, the FTDA took effect and provided federal protection against trademark dilution.
Until 2006, the FTDA was distinguished from most state trademark dilution laws in several ways:
(1) The FTDA protects only "famous" trademarks; most state statutes do not explicitly require trademarks to be "famous" to be protected against dilution. (2) The FTDA, as interpreted by the Supreme Court, protected only against "actual" dilution of a trademark, whereas most state statutes provided trademark owners with a remedy whenever they could show a "likelihood" of dilution. (3) The Supreme Court suggested (although it did not have occasion to hold) that the FTDA protected only against dilution by "blurring" and not against dilution by "tarnishment" (see below).
Amendments to the FTDA took effect on October 6, 2006. The Act still protects only famous marks. However, Congress amended the act so that it expressly provides protection against a use of a mark that is "likely" to cause dilution. The new statute thus eliminates the requirement of proving "actual dilution."
In addition, the amended statute specifically protects against dilution by "blurring" and dilution by "tarnishment." Dilution by "tarnishment" occurs when association arising from the similarity between a mark or trade name and a famous mark harms the reputation of the famous mark.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Federal Trademark Dilution Act」の詳細全文を読む



スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース

Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.