The 2006 Trademark Dilution Revision Act (TDRA) (15 USC §1125(c)) has been the subject of numerous, and often conflicting, district court decisions. Some of those decisions have begun to receive appellate review, providing a bit of direction to practitioners as to which circuits may be more favorable jurisdictions for bringing claims under the TDRA.
By way of background, passage of the TDRA was prompted by the U.S. Supreme Court’s decision in Moseley v. V. Secret Catalogue Inc., 537 U.S. 418, 433 (2000). In Moseley, the Supreme Court held that, to establish a violation of the Federal Trademark Dilution Act (FTDA), the markholder must prove “actual dilution” of its mark.
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