International Trademark Association (INTA) Amends Model State Trademark Bill

INTA has amended the Model State Trademark Bill (MSTB) to incorporate several significant changes included in the U.S. Trademark Dilution Revision Act (TDRA) of 2006. As Senniger Powers attorney William O'Neill explains, "The MSTB serves as a model for trademark statutes in a majority of states. It is revised as necessary to reflect changes in trademark law and these most recent amendments were required to keep MSTB guidelines consistent with the TDRA. Among the more important revisions are a recognition of the TDRA’s 'likely to cause dilution' standard and updated definitions of 'dilution by blurring' and 'dilution by tarnishment.' The MSTB also includes revised guidelines for proving 'fame'."

INTA reports that the new provisions have been introduced as legislation in California, and that prospects for passage of the legislation appear promising.