Policy and Advocacy
Appropriate Standard for Establishing a Dilution Claim
September 15, 1999
Sponsoring Committee: U.S. Legislation Subcommittee of the Legislation Analysis Committee
WHEREAS, in view of the 4th Circuit decision in Ringling Bros-Barnum & Bailey Combined Shows, Inc. vs. Utah Division of Travel Development, 170 F.3rd 449 (4th Cir. 1999), the officers of INTA directed the U.S. Legislation Subcommittee to review the standard for dilution under Section 43(c) of the Lanham Act.
WHEREAS, upon completion of a study, the U.S. Legislation Subcommittee has determined that the standard should be likelihood of dilution.
BE IT RESOLVED, that INTA endorses likelihood of dilution as the appropriate standard for establishing a dilution claim.