InsideGov
Congress · Laws

Federal Trademark Dilution Act of 1995

Public Law 104-98 · H.R. 1295 · 104th Congress · began in the House

Signed by Bill Clinton (D) on Jan 16, 1996 · Commerce

Sponsor: Rep. Carlos Moorhead (R-CA-27)

Cosponsors (6): Rep. James Sensenbrenner,

Passage votes

  • HouseVoice vote
  • SenateVoice vote
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

Report a correction

Summary

The Congressional Research Service’s plain-language summary of what the law does.

Federal Trademark Dilution Act of 1995 - Amends the Trademark Act of 1946 to entitle the owner of a famous mark to an injunction against, and relief for, another person's commercial use of a mark or trade name if such use begins after the mark has become famous and causes dilution of its distinctive quality. Specifies factors for the court to consider in determining whether a mark is distinctive.

Limits owners of such marks to injunctive relief unless the person against whom the injunction is sought willfully intended to trade on the owner's reputation or to cause dilution of the mark. Provides for additional remedies if such intent is proven.

Makes ownership by a person of a valid registration under specified Acts or on the principal register a complete bar to an action against such person, with respect to that mark, that is brought under common or State law and that seeks to prevent dilution of the distinctiveness of a mark, label, or form of advertisement.

Provides that the following shall not be actionable: (1) fair use of a famous mark in comparative commercial advertising or promotion to identify the competing goods or services; (2) noncommercial use of a mark; and (3) all forms of news reporting and news commentary.

Defines "dilution" as the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of: (1) competition between the owner of the famous mark and other parties; or (2) likelihood of confusion, mistake, or deception.

Committees

The committees the bill was sent to, and what each did with it.

  • Judiciary Committee · House · markup by, referred to, reported bySubcommittee: Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

Report a correction

Timeline

From introduction to signing, newest first: the committees, the floor and the president. 15 actions.

  1. Jan 16, 1996Became lawBecame law · Became Public Law No: 104-98.
  2. Became lawBecame law · Signed by President.
  3. Jan 4, 1996PresidentPresident · Presented to President.
  4. Dec 29, 1995FloorFloor · Passed Senate without amendment by Voice Vote.
  5. Dec 12, 1995FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  6. FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
  7. FloorFloor · Mr. Moorhead moved to suspend the rules and pass the bill, as amended.
  8. Nov 30, 1995CommitteeCommittee · Reported by House Judiciary Committee
  9. Oct 17, 1995CommitteeCommittee · Markup by House Judiciary Committee
  10. Jul 27, 1995CommitteeCommittee · Reported by Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee of the House Judiciary Committee
  11. CommitteeCommittee · Markup by Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee of the House Judiciary Committee
  12. Jul 19, 1995CommitteeCommittee · Hearings by Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee of the House Judiciary Committee
  13. Apr 24, 1995CommitteeCommittee · Referred to Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee of the House Judiciary Committee
  14. Mar 22, 1995CommitteeCommittee · Referred to House Judiciary Committee
  15. IntroducedIntroduced · Introduced in the House
Data notes

Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.

Report a correction

Official record

The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.