United States Federal Circuit

Under the Trademark Amendments Act of 1999 and Federal Trademark Dilution Act of 1995, the owner of a famous mark cannot oppose registration based on dilution where its mark did not achieve fame prior to the applicant's prior use in a limited geographic area. A trademark holder cannot oppose registration based on claims of dilution under state law, under 15 U.S.C. section 1063(a).

Appellate Information

• Decided 05/30/2003
• Published 05/30/2003

Judges

• DYK, Circuit Judge., Before BRYSON, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Rudolph A. Telscher, Jr.,Harness, Dickey & Pierce, P.L.C., of St. Louis, Missouri, argued for appelllant.


• For Appellees:
  
• William D. Raman, Thompson & Knight LLP, of Austin, Texas, argued for appellee.