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September-October, 2011 Vol. 101 No. 5 Back to TMR Main Page
 
The Dilution Defense Congress Never Meant to Create (and Needs to Fix)
 
 
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.
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