Page:United States Statutes at Large Volume 120.djvu/1763

 120 STAT. 1732

PUBLIC LAW 109–312—OCT. 6, 2006 ‘‘(A) the mark or trade name that is likely to cause dilution by blurring or dilution by tarnishment was first used in commerce by the person against whom the injunction is sought after the date of enactment of the Trademark Dilution Revision Act of 2006; and ‘‘(B) in a claim arising under this subsection— ‘‘(i) by reason of dilution by blurring, the person against whom the injunction is sought willfully intended to trade on the recognition of the famous mark; or ‘‘(ii) by reason of dilution by tarnishment, the person against whom the injunction is sought willfully intended to harm the reputation of the famous mark. ‘‘(6) OWNERSHIP OF VALID REGISTRATION A COMPLETE BAR TO ACTION.—The ownership by a person of a valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register under this Act shall be a complete bar to an action against that person, with respect to that mark, that— ‘‘(A)(i) is brought by another person under the common law or a statute of a State; and ‘‘(ii) seeks to prevent dilution by blurring or dilution by tarnishment; or ‘‘(B) asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement. ‘‘(7) SAVINGS CLAUSE.—Nothing in this subsection shall be construed to impair, modify, or supersede the applicability of the patent laws of the United States.’’; and (2) in subsection (d)(1)(B)(i)(IX), by striking ‘‘(c)(1) of section 43’’ and inserting ‘‘(c)’’.

SEC. 3. CONFORMING AMENDMENTS.

(a) MARKS REGISTRABLE ON THE PRINCIPAL REGISTER.—Section 2(f) of the Trademark Act of 1946 (15 U.S.C. 1052(f)) is amended— (1) by striking the last two sentences; and (2) by adding at the end the following: ‘‘A mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c), may be refused registration only pursuant to a proceeding brought under section 13. A registration for a mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c), may be canceled pursuant to a proceeding brought under either section 14 or section 24.’’. (b) OPPOSITION.—Section 13(a) of the Trademark Act of 1946 (15 U.S.C. 1063(a)) is amended in the first sentence by striking ‘‘as a result of dilution’’ and inserting ‘‘the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment’’. (c) CANCELLATION.—Section 14 of the Trademark Act of 1946 (15 U.S.C. 1064) is amended, in the matter preceding paragraph (1) by striking ‘‘, including as a result of dilution under section 43(c),’’ and inserting ‘‘, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under section 43(c),’’. (d) MARKS FOR THE SUPPLEMENTAL REGISTER.—The second sentence of section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended to read as follows:

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