Global Trademark Resources Print Page Page Image Current IssueArticle ArchiveTMR Search September-October, 2011 Vol. 101 No. 5 Back to TMR Main Page The Dilution Defense Congress Never Meant to Create (and Needs to Fix) By Timothy A. Lemper and Joshua R. Bruce In 2006, Congress sought to amend the Lanham Act to make ownership of a federal registration a complete bar to all dilutiontype claims brought under state law. As a result of a drafting error, however, the newly created provision—Section 43(c)(6) of the Lanham Act—makes ownership of a federal registration a complete bar to all dilution-type claims under state and federal law. As a result, the current statute gives federal registrants complete immunity from liability for dilution, even under federal law. The Trademark Reporter is available to INTA members only. Please go to Member Login at the top of this screen to access the full article.