To amend the Trademark Act of 1946 to make certain revisions relating to the protection of famous marks.
Federal Trademark Dilution Act of 1995 - Amends the Trademark Act of 1946 to entitle the owner of a famous mark to an injunction against, and relief for, another person's commercial use of a mark or trade name if such use begins after the mark has become famous and causes dilution of its distinctive quality. Specifies factors for the court to consider in determining whether a mark is distinctive.
Limits owners of such marks to injunctive relief unless the person against whom the injunction is sought willfully intended to trade on the owner's reputation or to cause dilution of the mark. Provides for additional remedies if such intent is proven.
Makes ownership by a person of a valid registration under specified Acts or on the principal register a complete bar to an action against such person, with respect to that mark, that is brought under common or State law and that seeks to prevent dilution of the distinctiveness of a mark, label, or form of advertisement.
Provides that the following shall not be actionable: (1) fair use of a famous mark in comparative commercial advertising or promotion to identify the competing goods or services; (2) noncommercial use of a mark; and (3) all forms of news reporting and news commentary.
Defines "dilution" as the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of: (1) competition between the owner of the famous mark and other parties; or (2) likelihood of confusion, mistake, or deception.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 104-374.
Reported (Amended) by the Committee on Judiciary. H. Rept. 104-374.
Placed on the Union Calendar, Calendar No. 188.
Mr. Moorhead moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H14317-14318)
DEBATE - The House proceeded with forty minutes of debate.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate, read twice.
Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S19312)
Passed Senate without amendment by Voice Vote. (consideration: CR S19312)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 104-98.
Became Public Law No: 104-98.
Enacted as Public Law 104-98
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