Federal Trademark Dilution Act - First Amendment Concerns

First Amendment Concerns

In response to First Amendment concerns, the new law expressly exempts certain uses of a famous mark, in particular:

(1) "fair use" of a mark in the context of comparative commercial advertising or promotion;
(2) non-commercial uses, such as parody, satire and editorial commentary; and
(3) all forms of news reporting and news commentary.

Read more about this topic:  Federal Trademark Dilution Act

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