shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, importer, or consignee of goods refused entry at any customhouse under this section may have any recourse by protest or appeal that is given under the customs revenue laws or may have the remedy given by this chapter in cases involving goods refused entry or seized.
Subject to the principles of equity, the owner of a famous mark that is distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction against another person who, at any time after the owner's mark has become famous, commences use of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.
The following shall not be actionable as dilution by blurring or dilution by tarnishment under this subsection:
In a civil action for trade dress dilution under this chapter for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that-
In an action brought under this subsection, the owner of the famous mark shall be entitled to injunctive relief as set forth in sectionof this title. The owner of the famous mark shall also be entitled to the remedies set forth in sections and of this title, subject to the discretion of the court and the principles of equity if-
The ownership by a person of a valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register under this chapter shall be a complete bar to an action against that person, with respect to that mark, that-
Nothing in this subsection shall be construed to impair, modify, or supersede the applicability of the patent laws of the United States.
15 U.S.C. § 1125
REFERENCES IN TEXTActs March 3, 1881, and February 20, 1905, referred to in subsec. (c)(2)(A)(iv), (6), are acts Mar. 3, 1881, ch. 138, 21 Stat. 502, and Feb. 20, 1905, ch. 592, 33 Stat. 724, which were repealed insofar as inconsistent with this chapter by act July 5, 1946, ch. 540, §46(a), 60 Stat. 444. Act Feb. 20, 1905, was classified to sections 81 to 109 of this title.
CONSTITUTIONALITYFor information regarding constitutionality of this section, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court.
PRIOR PROVISIONSAct Mar. 19, 1920, ch. 104, §3, 41 Stat. 534.
AMENDMENTS2012-Subsec. (c)(6). Pub. L. 112-190 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:"(A)(i) is brought by another person under the common law or a statute of a State; and"(ii) seeks to prevent dilution by blurring or dilution by tarnishment; or"(B) asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement."2006-Subsec. (c). Pub. L. 109-312, §2(1), added subsec. (c) and struck out former subsec. (c) which related to remedies for dilution of famous marks.Subsec. (d)(1)(B)(i)(IX). Pub. L. 109-312, §2(2), substituted "subsection (c)" for "subsection (c)(1)".1999-Subsec. (a)(3). Pub. L. 106-43, §5, added par. (3).Subsec. (c)(2). Pub. L. 106-43, §3(a)(2), inserted "as set forth in sectionof this title" after "relief" in first sentence.Subsec. (d). Pub. L. 106-113 added subsec. (d).1996-Subsec. (c). Pub. L. 104-98 added subsec. (c).1992-Subsec. (a). Pub. L. 102-542 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).1988-Subsec. (a). Pub. L. 100-667 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Any person who shall affix, apply, or annex, or use in connection with any goods or services, or any container or containers for goods, a false designation of origin, or any false description or representation, including words or other symbols tending falsely to describe or represent the same, and shall cause such goods or services to enter into commerce, and any person who shall with knowledge of the falsity of such designation of origin or description or representation cause or procure the same to be transported or used in commerce or deliver the same to any carrier to be transported or used, shall be liable to a civil action by any person doing business in the locality falsely indicated as that of origin or in the region in which said locality is situated, or by any person who believes that he is or is likely to be damaged by the use of any such false description or representation."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112-190, §1(b), Oct. 5, 2012, 126 Stat. 1436, provided that: "The amendment made by subsection (a) [amending this section] shall apply to any action commenced on or after the date of the enactment of this Act [Oct. 5, 2012]."
EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106-113 applicable to all domain names registered before, on, or after Nov. 29, 1999, see section 1000(a)(9) [title III, §3010] of Pub. L. 106-113 set out as a note under sectionof this title.
EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-98, §5, Jan. 16, 1996, 109 Stat. 987, provided that: "This Act [amending this section and sectionof this title and enacting provisions set out as a note under section of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Jan. 16, 1996]."
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-542 effective with respect to violations that occur on or after Oct. 27, 1992, see section 4 of Pub. L. 102-542 set out as a note under sectionof this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100-667 set out as a note under sectionof this title.
REPEAL AND EFFECT ON EXISTING RIGHTS Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under sectionof this title.
STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING PERSONAL NAMES Pub. L. 106-113, div. B, §1000(a)(9) [title III, §3006], Nov. 29, 1999, 113 Stat. 1536, 1501A-550, provided that:"(a) IN GENERAL.-Not later than 180 days after the date of the enactment of this Act [Nov. 29, 1999], the Secretary of Commerce, in consultation with the Patent and Trademark Office and the Federal Election Commission, shall conduct a study and report to Congress with recommendations on guidelines and procedures for resolving disputes involving the registration or use by a person of a domain name that includes the personal name of another person, in whole or in part, or a name confusingly similar thereto, including consideration of and recommendations for-"(1) protecting personal names from registration by another person as a second level domain name for purposes of selling or otherwise transferring such domain name to such other person or any third party for financial gain;"(2) protecting individuals from bad faith uses of their personal names as second level domain names by others with malicious intent to harm the reputation of the individual or the goodwill associated with that individual's name;"(3) protecting consumers from the registration and use of domain names that include personal names in the second level domain in manners which are intended or are likely to confuse or deceive the public as to the affiliation, connection, or association of the domain name registrant, or a site accessible under the domain name, with such other person, or as to the origin, sponsorship, or approval of the goods, services, or commercial activities of the domain name registrant;"(4) protecting the public from registration of domain names that include the personal names of government officials, official candidates, and potential official candidates for Federal, State, or local political office in the United States, and the use of such domain names in a manner that disrupts the electoral process or the public's ability to access accurate and reliable information regarding such individuals;"(5) existing remedies, whether under State law or otherwise, and the extent to which such remedies are sufficient to address the considerations described in paragraphs (1) through (4); and "(6) the guidelines, procedures, and policies of the Internet Corporation for Assigned Names and Numbers and the extent to which they address the considerations described in paragraphs (1) through (4). "(b) GUIDELINES AND PROCEDURES.-The Secretary of Commerce shall, under its Memorandum of Understanding with the Internet Corporation for Assigned Names and Numbers, collaborate to develop guidelines and procedures for resolving disputes involving the registration or use by a person of a domain name that includes the personal name of another person, in whole or in part, or a name confusingly similar thereto."