L. 104–98 (text) (PDF)) is a United States federal law which protects famous trademarks from uses that dilute their distinctiveness, even in the absence of any likelihood of confusion or competition.
Infringement occurs when someone other than a trademark's owner uses the mark in a way that is likely to cause customer confusion.
However, Congress amended the act so that it expressly provides protection against a use of a mark that is "likely" to cause dilution.
In addition, the legislative history cites, as examples of the uses which would fall within the new law, the mark DUPONT for shoes, BUICK for aspirin and KODAK for pianos.
However, if the defendant willfully intended to trade on the owner's reputation or to cause dilution of the famous mark, the owner of that mark may also be entitled to other remedies available under the United States Trademark Act, including defendant's profits, damages, attorneys' fees, and destruction of the infringing goods.
In addition, courts have traditionally dismissed state dilution claims unless there is also a finding of infringement or unfair competition based upon a likelihood of confusion.
It remains to be seen how courts and the Trademark Office will interpret this new federal law, which has potentially far-reaching applications.