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FOR IMMEDIATE RELEASE

CONTACT: ELAINE CZACH
INTERNATIONAL TRADEMARK ASSOCIATION
1133 AVENUE OF THE AMERICAS, NEW YORK, NY, USA 10036
1 (212) 642-1749, publicrelations@inta.org


INTA FORMS SELECT COMMITTEE TO REVIEW FAMOUS TRADEMARK LAW 
AFTER VICTORIA’S SECRET DECISION


New York, NY – March 25, 2003  – The International Trademark Association (INTA) announced today the formation of a Select Committee on the U.S. Federal Trademark Dilution Act. 

The Federal Trademark Dilution Act (FTDA), which was signed into law in January 1996, provides owners of famous trademarks with a cause of action for cases in which another mark is alleged to have lessened “the capacity” of the famous mark “to identify and distinguish goods or services.”  The U.S. Supreme Court recently issued its first FTDA decision, prompting INTA to conduct a comprehensive review of the statute. In Moseley v. V Secret, the Court ruled that the FTDA requires proof of actual harm in dilution cases and that consumers’ mere mental association is not enough to win a case, particularly when the marks in question are not identical. 

The Select Committee on the FTDA is charged by INTA President Kathryn Barrett Park to consider whether or not changes to the FTDA are in fact needed, and, if so, to recommend those changes. “The Victoria’s Secret decision has provided us with the opportunity to take a fresh look at U.S. dilution law,” said Ms. Barrett Park. “The decision itself raised a number of issues regarding how actual harm is proved, but there are also other areas in dilution law that are definitely worth exploring.” The INTA Select Committee on the FTDA will take this opportunity to review the current status of dilution law, aggressively investigate the issues and chart a course for the future. It is scheduled to complete its work by the end of 2003.

The membership of the select committee consists of in-house corporate counsel, highly experienced practitioners and attorneys who have experience litigating dilution cases. The members of the committee are:

  • Jacqueline Leimer, Chair and Executive Vice President of INTA (Kraft Foods)
  • David Bernstein (Debevoise & Plimpton)
  • Guy Blynn (R.J. Reynolds Tobacco Company)
  • Andrew Bridges (Wilson Sonsini Goodrich & Rosati)
  • Dale Cendali (O'Melveny & Myers LLP)
  • Scot Duvall (Middleton Reutlinger)
  • Rodrick Enns (Enns & Archer LLP)
  • Bruce Ewing (Dorsey & Whitney LLP)
  • Jerome Gilson (Brinks Hofer Gilson & Lione)
  • Anne Gundelfinger (Intel Corporation)
  • Steven Pokotilow (Stroock & Stroock & Lavan LLP)
  • Paul Reidl (E. & J. Gallo Winery)
  • Albert Robin (Robin, Blecker & Daley)
  • David Stimson (Eastman Kodak Company)
  • Jerre Swann (Kilpatrick Stockton LLP)


About INTA


The International Trademark Association (INTA) is an association of more than 4,200 trademark owners and professionals, in more than 160 countries, dedicated to the support and advancement of trademarks and related intellectual property as elements of fair and effective national and international commerce. For more information on the Association and its goals, read the About INTA section.

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INTA Public Relations

  • Elaine Czach, Public Relations Specialist, + 1 (212) 642-1749, eczach@inta.org

  • Naeran Rubio, Managing Editor, + 1 (212) 642-1712, nrubio@inta.org

  • Daryl G. Grecich, Director, Marketing and Communications, + 1 (212) 642-1707, dgrecich@inta.org

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