Patent Law

The new dilution bill

By Kevin Heller et a.

Steve Yahn at Editor and Publisher tries to stir up some interest in what should be -- search-term advertising and other flavors of the month aside -- the trademark story of the moment:

Embedded deep in H.R. 683, "The Trademark Dilution Revision Act," which awaits what may well be a last look in the U.S. House of Representatives before being signed into law by President Bush, is language that would remove key free-speech protections that have been part of U.S. trademark law since 1996.

Read the whole thing. He's right on: This bill will make the Lanham Act about as self- executing for plaintiffs as you could hope, at least for "famous marks." Be very scared if you're not the owner of such a mark... or its retained counsel.

UPDATE: Reaction at Editor & Publisher.

Full post as published by Legislating IP on May 03, 2006 (boomark / email).