Tuesday, September 09, 2008

HR 4279 could strengthen trademark dilution provisions

It’s important to note a new bill in the 110th Congress, H.R. 4279, “Prioritizing Resources and Organization for Intellectual Property Act of 2008”, introduced by John Conyers (D-MI), with nineteen cosponsors. The Congressional Research Summary on govtrack for the bill is here.

Section 104 is important, because it would make it a crime to intentionally induce another party to “violate a trademark” and for providing goods and services to enable a trademark violation. It would double the minimum and maximum statutory damages for trademark infringement. In combination with the “prospective dilution” provision passed in 2006, this development could be dangerous for some novice parties.

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