今年10月6日,美国总统布什签署<商标淡化法>(2006修订)。美国最高法院在Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003),的判决正式被立法所否定。在 Moseley 案中，最高法院为权利人获取救济设置了“可能导致淡化”标准。现行的《兰姆法》第43条c款规定，权利人根据联邦商标淡化法典要求保护获得救济的条件之一是权利人必须举证证明产生了实际的混淆。

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The new law also: (1) makes clear that a mark may be deemed “famous” whether it is inherently distinctive or has acquired distinctiveness; (2) provides that the statute covers dilution by blurring and dilution by tarnishment; (3) provides that a mark is famous if it is widely recognized by the general consuming public as a designation of source, thus eliminating the concept of niche fame; (4) amends the “exclusions” provisions of the dilution statute to provide that “any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services...” is not actionable as dilution; and (5) provides that in an action for trade dress dilution for trade dress that is not the subject of federal registration, the person who asserts trade dress protection has the burden of proving that the trade dress is not functional and if the claimed trade dress includes any registered mark(s), the unregistered matter, taken as a whole, is famous separate and apart from any fame of the registered marks.