Senate Bill No. 45–Committee on Judiciary
Prefiled January 24, 2001
(On Behalf of Encouraging Businesses to
Organize and
Conduct Business in Nevada (SCR 19))
____________
Referred to Committee on Commerce and Labor
SUMMARY—Provides remedy for dilution of marks. (BDR 52‑256)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to marks; providing remedies to the owner of a mark for the dilution of
the mark; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 600
of NRS is hereby amended by adding thereto a
1-2 new section to read as
follows:
1-3 1. Except as otherwise provided in subsection 4,
the owner of a mark
1-4 that is famous in this state may bring an action to enjoin
commercial use
1-5 of the mark by a person if such use:
1-6 (a) Begins after the mark
has become famous; and
1-7 (b) Causes dilution of the
mark.
1-8 2. In determining whether a mark is famous in
this state, the court
1-9 shall consider, without limitation, the following factors:
1-10 (a) The degree of inherent
or acquired distinctiveness of the mark in
1-11 this state.
1-12 (b) The duration and extent
of use of the mark in connection with the
1-13 goods and services with which the mark is used.
1-14 (c) The duration and extent
of advertisement and promotion of the
1-15 mark in this state.
1-16 (d) The geographical extent
of the trading area in which the mark is
1-17 used.
1-18 (e) The channels of trade
for the goods or services with which the
1-19 mark is used.
2-1 (f) The degree of
recognition of the mark in the trading areas and
2-2 channels of trade in this state used by the owner of the mark and
the
2-3 person against whom the injunction is sought.
2-4 (g) The nature and extent of
use of the same or similar mark by other
2-5 persons.
2-6 (h) Whether the mark is
registered in this state or registered in the
2-7 United States Patent and Trademark Office pursuant to federal law.
2-8 3. Except as otherwise provided in this subsection,
the owner of a
2-9 mark that is famous may obtain only injunctive relief in an action
2-10 brought pursuant to this section. The owner of a mark that is
famous is
2-11 entitled to the remedies provided in NRS 600.430 if the person
using the
2-12 mark willfully intended to cause dilution of the mark or willfully
2-13 intended to trade on the reputation of the owner of the mark.
2-14 4. The owner of a mark that is famous may not
bring an action
2-15 pursuant to this section for the fair use of the mark by another
person in
2-16 comparative commercial advertising or promotion to identify the
2-17 competing goods or services of the owner of the mark.
2-18 5. As used in this section:
2-19 (a) “Commercial use” means
use of a mark primarily for profit. The
2-20 term does not include use of a mark for research, criticism, news
2-21 commentary, news reporting, teaching or any similar use that is not
2-22 primarily for profit.
2-23 (b) “Dilution” means a
lessening in the capacity of a mark that is
2-24 famous to identify and distinguish goods or services, regardless of
the
2-25 presence or absence of:
2-26 (1) Competition between
the owner of the mark and other persons;
2-27 or
2-28 (2) Likelihood of
confusion, mistake or deception as to the source
2-29 of origin of goods or services.
2-30 Sec. 2. NRS 600.240 is hereby amended to read as follows:
2-31 600.240 As used in NRS
600.240 to 600.450, inclusive, and
section 1
2-32 of this act, unless the context otherwise requires, the words and terms
2-33 defined in NRS 600.250 to
600.320, inclusive, have the meanings ascribed
2-34 to them in those sections.
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