Federal Trademark Dilution Act (FTDA)

[Dominata]

I was wondering if one of our legal friends here could possibly comment on the changes of the Federal Trademark Dilution Act (FTDA). of September 26, 2006
and how it would affect the Domain community.

What should we be careful of etc. and possibly predict how icann will digest these changes.

 

[DNQuest.com]

http://www.kayescholer.com/web.nsf/openDocument?OpenAgent&ID=EFC4A1A04B73300E852571F8005841D2

Still reading it...

 

[Leading Names]

"Section 43(c)(3)(A) as amended specifically lists comparative advertising as excluded from dilution claims, and also excludes uses of a famous mark that parody, criticize or comment on the owner of the mark."

License to use TM names for PPC?

- Rob

 

[DNQuest.com]

that has nothing to do with PPC.. comparative pricing is when a McDonalds commercial says the Big Mac(r) cost 2.99 while the Whopper(r) is 3.59... Advertising like this would be excluded... nothing to do with PPC.. unless you are saying PPC criticize. comment or is a parady..

 

[Leading Names]

I wasn't sure, hence the question mark – thanks for clearing that up.

I thought "comparative advertising" would be open to interpretation but it would seem the rules relating to it are already clearly defined…

- It must not be misleading.
- It must compare goods or services for the same needs or purpose.
- It must objectively compare one or more of the properties, including the price, of the goods or services.
- It must not not create confusion in the marketplace.
- It must not discredit or denigrate the trade marks, trade names, goods or similar of a competitor. In relation to designations of origin, the comparison must be between products having the same designation of origin.
- It must not take advantage of the reputation of a trade mark, trade name or similar of a competitor.
- It does not set out to suggest that a product is an imitation or replica of an original product.

- Rob