[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Extensions of Remarks]
[Page E1903]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                TRADEMARK DILUTION REVISION ACT OF 2006

                                 ______
                                 

                               speech of

                          HON. LAMAR S. SMITH

                                of texas

                    in the house of representatives

                       Monday, September 25, 2006

  Mr. SMITH of Texas. Mr. Speaker, the fair use exception is of great 
Importance to ensure that the threat of dilution claims does not chill 
the exercise of free speech, particularly in expressive works of 
authorship.
  Parody, criticism, and commentary are familiar and important examples 
of fair use.
  Another common example is the appearance of trademarks when products 
are used in motion pictures as props, ``set dressing,'' and the like.
  I also want to clarify that nothing in H.R. 683 is intended to amend, 
change, or disturb the fair-use defenses available in a claim of 
trademark infringement under Section 43 or other applicable sections of 
the Lanham Act.

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