Suppose Virginia-based Mobil Corp. learned that “Mobil” candy bars have just gone on sale in Maryland supermarkets. Could it stop the sale? Probably not, according to recent federal court decisions that threaten to undermine a primary trademark remedy.

Congress enacted the Federal Trademark Dilution Act(FTDA) in 1995. [FOOTNOTE 1]In the past four years, the FTDA has been invoked to enjoin such novel abuses as the use by cybersquatters of famous trademarks in Internet domain names. [FOOTNOTE 2]However, recent decisions hold that FTDA plaintiffs, unlike ordinary trademark infringement plaintiffs, must prove actual, consummated harm to their marks in order to obtain injunctions. This requirement may create insurmountable problems of proof for most plaintiffs. Congress may have to change the law if the FTDA is to remain an effective remedy.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]