Page:United States Statutes at Large Volume 109 Part 1.djvu/1001

 PUBLIC LAW 104-98^JAN. 16, 1996 109 STAT. 985 Public Law 104-98 104th Congress An Act To amend the Trademark Act of 1946 to make certain revisions relating to the Jan. 16, 1996 protection of famous marks. [H.R. 1295] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Federal Trademark SECTION 1. SHORT TITLE. Dilution Act of 1995 This Act may be cited as the "Federal Trademark Dilution 15 USC 1051 Act of 1995". note. SEC. 2. REFERENCE TO THE TRADEMARK ACT OF 1946. For purposes of this Act, the Act entitled "An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes", approved July 5, 1946 (15 U.S.C. 1051 and following), shall be referred to as the "Trademark Act of 1946". SEC. 3. REMEDIES FOR DILUTION OF FAMOUS MARKS. (a) REMEDIES. —Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is amended by adding at the end the following new subsection: "(c)(1) The owner of a famous mark shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use in commerce of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this subsection. In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to— "(A) the degree of inherent or acquired distinctiveness of the mark; "(B) the duration and extent of use of the mark in connection with the goods or services with which the mark is used; "(C) the duration and extent of advertising and publicity of the mark; "(D) the geographical extent of the trading area in which the mark is used; "(E) the channels of trade for the goods or services with which the mark is used; "(F) the degree of recognition of the mark in the trading areas and channels of trade used by the marks' owner and the person against whom the injunction is sought; "(G) the nature and extent of use of the same or similar marks by third parties; and

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