420
Opinion of the Court
in which Rehnquist, C. J., and O'Connor, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Kennedy, J., filed a concurring opinion, post, p. 435.
James R. Higgins, Jr., argued the cause for petitioners. With him on the briefs was Scot A. Duvall.
Walter Dellinger argued the cause for respondents. With him on the brief was Jonathan D. Hacker.
Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Irving L. Gornstein, Anthony J. Steinmeyer, Mark S. Davies, John M. Whealan, Nancy C. Slutter, Cynthia C. Lynch, and James R. Hughes.*
Justice Stevens delivered the opinion of the Court.†
In 1995 Congress amended § 43 of the Trademark Act of 1946, 15 U. S. C. § 1125, to provide a remedy for the "dilution of famous marks." 109 Stat. 985-986. That amendment, known as the Federal Trademark Dilution Act (FTDA), describes the factors that determine whether a mark is "dis*Peter Jaszi filed a brief for Public Knowledge et al. as amici curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the American Bar Association by Robert E. Hirshon, Robert W. Sacoff, and Uli Wid-maier; for the American Intellectual Property Law Association by Jonathan Hudis, Amy C. Sullivan, and Roger W. Parkhurst; for Best Western International, Inc., et al. by Avraham Azrieli, Joel W. Nomkin, Charles A. Blanchard, and Suzanne R. Scheiner; for Intel Corp. by Jerrold J. Ganzfried, Mark I. Levy, and Thomas L. Casagrande; for Andrew Beckerman-Rodau et al. by Mark A. Lemley, pro se; for the Intellectual Property Owners Association by Laurence R. Hefter, Elizabeth McGoogan, and Ronald E. Myrick; for the International Trademark Association by Theodore H. Davis, Jr., and Marie V. Driscoll; and for Ringling Bros.-Barnum & Bailey Combined Shows, Inc., et al. by Robert A. Long, Jr.
Malla Pollack, pro se, filed a brief as amicus curiae. †Justice Scalia joins all but Part III of this opinion.
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