PlainBillCongress, translated.Legislation. Context. Public interest.Congressional Research Service
Version 36 · Passed House amended · Dec 12, 1995
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.
People & committees
Rep. Moorhead, Carlos J. [R-CA-27] · R–CA
Legislative record
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Became Public Law No: 104-98.
Became Public Law No: 104-98.
Signed by President.
Signed by President.
Presented to President.
Presented to President.
Message on Senate action sent to the House.
Passed Senate without amendment by Voice Vote. (consideration: CR S19312)
Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.(consideration: CR S19312)
Received in the Senate, read twice.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
DEBATE - The House proceeded with forty minutes of debate.
Considered under suspension of the rules. (consideration: CR H14317-14318)
Mr. Moorhead moved to suspend the rules and pass the bill, as amended.
Placed on the Union Calendar, Calendar No. 188.
Reported (Amended) by the Committee on Judiciary. H. Rept. 104-374.
Reported (Amended) by the Committee on Judiciary. H. Rept. 104-374.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Subcommittee Consideration and Mark-up Session Held.
Subcommittee Hearings Held.
Referred to the Subcommittee on Courts and Intellectual Property.
Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
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