The Trademark Dilution Act (“TDA”) was enacted in the United States in 1995, and it was later revised in 2006. The TDA, also referred to as the Federal Trademark Dilution Act (FTDA), is a federal law in the United States that provides protection against trademark dilution. Trademark dilution occurs when a famous or well-known trademark’s distinctiveness is weakened by another party’s unauthorized use of a similar or identical mark. The purpose of the Trademark Dilution Act is to safeguard the value and reputation of famous trademarks by granting their owners the ability to take legal action against unauthorized uses that might harm the distinctive quality of their mark, even if there is no likelihood of confusion. The TDA establishes a cause of action for trademark owners to seek injunctive relief and damages against dilutive uses.
In 2006, the Trademark Dilution Revision Act (TDRA) was enacted to amend and update the original TDA. The TDRA expanded the scope of protection provided to famous trademarks by lowering the burden of proof required to establish a dilution claim. It clarified the factors that courts should consider when determining dilution and extended protection to both famous and well-known trademarks.