Standing On Uncertain Ground To Enjoin Dilutions

First published July 2001, Special to The National Law Journal

LAST JANUARY marked the fifth anniversary of the signing of the Federal Trademark Dilution Act (FTDA),¹ which permits the owner of a famous trademark to enjoin the unauthorized commercial uses of a similar or identical mark by a third party, even when such unauthorized uses do not compete with the owner's goods or services nor are likely to cause confusion among consumers.

Although a sizable body of case law has developed interpreting various aspects of the FTDA, few cases have sought to identify the parties with standing to bring claims under the act. The legislative history of the act and the few reported judicial decisions on the issue indicate that courts eventually may analyze FTDA standing issues according to principles developed in trademark infringement actions under § 32(1) of the Lanham Act.² Accordingly, in certain