新GMAT题目里的发展趋势(纵比)主旨
来源: | 作者:passion | 发布时间: 2016-04-22 | 36268 次浏览 | 分享到:

This passage is based on material from an article published in 2006.

The U.S. Federal Trademark Dilution Act of 1995 (FTDA) was supposed to have expanded the scope of dilution-based trademark protection—the protection of trademark owners from actions that lessen the distinctiveness of trademarks. It broadened the scope of protected trademarks, allowed fewer types of use of trademarks by nonowners (fair-use exemptions), and reduced the burden of proof in cases of trademark infringement. Under its provisions, the owner of an obscure trademark could prevent its use in noncommercial speech without having to prove actual harm.

In practice, the FTDA produced court decisions which significantly narrowed dilution-based trademark protection. This is because many judges found the statute, particularly its incursion into noncommercial speech, to be poor public policy (if not a violation of the U.S. Constitution); they took advantage of the statute's ambiguous language to constrain its effects. The Trademark Dilution Revision Act of 2006 (TDRA) was passed in response.


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