In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Genetically Engineered Food Right-
to-Know Act''.

SEC. 2. PURPOSE AND FINDINGS.

    (a) Purpose.--The purpose of this Act is to establish a consistent 
and enforceable standard for labeling of foods produced using genetic 
engineering, including fish, thereby providing consumers with knowledge 
of how their food is produced.
    (b) Findings.--Congress finds that--
            (1) the process of genetically engineering food organisms 
        results in material changes to food derived from those 
        organisms;
            (2) the Food and Drug Administration requires the labeling 
        of more than 3,000 ingredients, additives, and processes;
            (3) individuals in the United States have a right to know 
        if their food was produced with genetic engineering for a 
        variety of reasons, including health, economic, environmental, 
        religious, and ethical;
            (4) more than 60 countries, including the United Kingdom 
        and all other countries of the European Union, South Korea, 
        Japan, Brazil, Australia, India, China, and other key United 
        States trading partners have laws or regulations mandating 
        disclosure of genetically engineered food on food labels;
            (5) in 2011, Codex Alimentarius, the food standards 
        organization of the United Nations, adopted a text that 
        indicates that governments can decide on whether and how to 
        label foods produced with genetic engineering; and
            (6) mandatory identification of food produced with genetic 
        engineering can be a critical method of preserving the economic 
        value of exports or domestically sensitive markets with 
        labeling requirements for genetically engineered foods.

SEC. 3. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    (a) In General.--Section 403 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the 
following:
    ``(z)(1) If it is a food that has been genetically engineered or 
contains 1 or more genetically engineered ingredients, unless such 
information is clearly disclosed, as determined by the Secretary.
    ``(2) This paragraph does not apply to food that--
            ``(A) is served in restaurants or other similar eating 
        establishments, such as cafeterias and carryouts;
            ``(B) is a medical food (as defined in section 5(b) of the 
        Orphan Drug Act);
            ``(C) is a food that would be subject to this paragraph 
        solely because it was produced using a genetically engineered 
        vaccine; or
            ``(D) is a food or processed food that would be subject to 
        this paragraph solely because it includes the use of a 
        genetically engineered processing aid (including yeast) or 
        enzyme.
    ``(3) In this paragraph:
            ``(A) The term `genetic engineering' means a process 
        involving the application of--
                    ``(i) in vitro nucleic acid techniques, including 
                recombinant deoxyribonucleic acid (DNA) and direct 
                injection of nucleic acid into cells or organelles; or
                    ``(ii) fusion of cells beyond the taxonomic family 
                that--
                            ``(I) overcome natural physiological 
                        reproductive or recombinant barriers; and
                            ``(II) are not techniques used in 
                        traditional breeding and selection.
            ``(B) The term `genetically engineered', used with respect 
        to a food, means a material intended for human consumption that 
        is--
                    ``(i) an organism that is produced through the 
                intentional use of genetic engineering; or
                    ``(ii) the progeny of intended sexual or asexual 
                reproduction (or both) of 1 or more organisms that is 
                the product of genetic engineering.
            ``(C) The term `genetically engineered ingredient' means a 
        material that is an ingredient in a food that is derived from 
        any part of an organism that has been genetically engineered, 
        without regard to whether--
                    ``(i) the altered molecular or cellular 
                characteristics of the organism are detectable in the 
                material; and
                    ``(ii) the organism is capable for use as human 
                food.''.
    (b) Guaranty.--
            (1) In general.--Section 303(d) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 333(d)) is amended--
                    (A) by striking ``(d)'' and inserting ``(d)(1)''; 
                and
                    (B) by adding at the end the following:
            ``(2)(A) No person shall be subject to the penalties of 
        subsection (a)(1) for a violation of subsection (a), (b), or 
        (c) of section 301 involving food that is misbranded within the 
        meaning of section 403(z) if such person (referred to in this 
        paragraph as the `recipient') establishes a guaranty or 
        undertaking that--
                    ``(i) is signed by, and contains the name and 
                address of, a person residing in the United States from 
                whom the recipient received in good faith the food 
                (including the receipt of seeds to grow raw 
                agricultural commodities); and
                    ``(ii) contains a statement to the effect that the 
                food is not genetically engineered or does not contain 
                a genetically engineered ingredient.
            ``(B) In the case of a recipient who, with respect to a 
        food, establishes a guaranty or undertaking in accordance with 
        subparagraph (A), the exclusion under such subparagraph from 
        being subject to penalties applies to the recipient without 
        regard to the manner in which the recipient uses the food, 
        including whether the recipient is--
                    ``(i) processing the food;
                    ``(ii) using the food as an ingredient in a food 
                product;
                    ``(iii) repacking the food; or
                    ``(iv) growing, raising, or otherwise producing the 
                food.
            ``(C) No person may avoid responsibility or liability for a 
        violation of subsection (a), (b), or (c) of section 301 
        involving food that is misbranded within the meaning of section 
        403(z) by entering into a contract or other agreement that 
        specifies that another person shall bear such responsibility or 
        liability, except that a recipient may require a guaranty or 
        undertaking as described in this subsection.
            ``(D) In this subsection, the terms `genetically 
        engineered' and `genetically engineered ingredient' have the 
        meanings given the terms in section 403(z).''.
            (2) False guaranty.--Section 301(h) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by 
        inserting ``or 303(d)(2)'' after ``section 303(c)(2)''.
    (c) Unintended Contamination.--Section 303(d) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 333(d)), as amended by subsection 
(b), is further amended by adding at the end the following:
            ``(3)(A) No person shall be subject to the penalties of 
        subsection (a)(1) for a violation of subsection (a), (b), or 
        (c) of section 301 involving food that is misbranded within the 
        meaning of section 403(z) if--
                    ``(i) such person is an agricultural producer and 
                the violation occurs because food that is grown, 
                raised, or otherwise produced by such producer, which 
                food does not contain a genetically engineered material 
                and was not produced with a genetically engineered 
                material, is contaminated with a food that contains a 
                genetically engineered material or was produced with a 
                genetically engineered material; and
                    ``(ii) such contamination is not intended by the 
                agricultural producer.
            ``(B) Subparagraph (A) does not apply to an agricultural 
        producer to the extent that the contamination occurs as a 
        result of the negligence of the producer.''.
    (d) Promulgation of Regulations.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall promulgate proposed 
regulations establishing labeling requirements for compliance in 
accordance with section 403(z) of the Federal Food, Drug, and Cosmetic 
Act, as added by subsection (a).

Output: Genetically Engineered Food Right-to-Know Act - Amends the Federal Food, Drug, and Cosmetic Act to deem misbranded any food that has been genetically engineered or contains one or more genetically engineered ingredients, unless such information is clearly disclosed. Exempts from this requirement any food that: (1) is served in restaurants or other similar eating establishments, (2) is a medical food, (3) would be subject to such requirement solely because it was produced using a genetically engineered vaccine, or (4) would be subject to such requirement solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. Defines &quot;genetically engineered&quot; as a material intended for human consumption that is: (1) an organism produced through the intentional use of genetic engineering, or (2) the progeny of intended sexual or asexual reproduction (or both) of one or more organisms that is the product of genetic engineering. Defines &quot;genetically engineered ingredient&quot; as an ingredient in a food that is derived from any part of an organism that has been genetically engineered, without regard to whether: (1) the altered molecular or cellular characteristics of the organism are detectable in the material, and (2) the organism is capable for use as human food. Excludes from penalties for misbranding of genetically engineered food or ingredients any recipient that establishes a guaranty or undertaking that: (1) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received the food in good faith (including the receipt of seeds to grow raw agricultural commodities); and (2) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. Applies this exclusion from penalties without regard to the manner in which the recipient uses the food. Excludes an agricultural producer also from such penalties when a violation occurs because food the producer has grown, raised, or otherwise produced, which neither contains nor was produced with a genetically engineered material, is subsequently contaminated with a food that does contain or was produced with a genetically engineered material, and the agricultural producer has not intended any such contamination nor was negligent in the matter.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Use Prevention Act of 1997''.

SEC. 2. DEFINITION OF ``RECOMMEND''.

    Section 102 of the Controlled Substances Act (21 U.S.C. 802) is 
amended by adding at the end the following:
            ``(47) A practitioner will be deemed to have `recommended' 
        the use of marihuana if the practitioner offered advice, or 
        responded to a request for advice, suggesting the use of 
        marihuana while acting in the course of his or her professional 
        capacity.''.

SEC. 3. DENIAL OR REVOCATION OF REGISTRATION.

    (a) Denial of Registration.--Section 303(f) of the Controlled 
Substances Act (21 U.S.C. 823(f)) is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subclauses (I) through (V), respectively, and indenting 
        accordingly;
            (2) by striking ``(f) The Attorney General'' and inserting 
        the following:
    ``(f) Registration of Practitioners to Dispense or Conduct Research 
With Controlled Substances.--
            ``(1) In general.--Subject to paragraph (2), the Attorney 
        General'';
            (3) in the second sentence, by striking ``The Attorney'' 
        and inserting the following:
            ``(2) Denial of registration.--
                    ``(A) Discretionary denial of application.--
                            ``(i) In general.--The Attorney'';
            (4) in the third sentence, by striking ``In determining the 
        public interest'' and inserting the following:
                            ``(ii) Determination of public interest.--
                        In determining the public interest for purposes 
                        of clause (i)'';
            (5) in the undesignated paragraph following subclause (V), 
        as redesignated by paragraph (1) of this subsection, by 
        striking ``Separate registration'' and inserting the following:
            ``(3) Registration for research purposes.--Separate 
        registration''; and
            (6) by adding at the end of paragraph (2), as so designated 
        by paragraph (3) of this subsection, the following:
                    ``(B) Mandatory denial of application.--The 
                Attorney General shall deny an application for 
                registration under this subsection upon a finding by 
                the Attorney General that the applicant practitioner--
                            ``(i) administered, dispensed, or 
                        recommended the use of marihuana to an 
                        individual in violation of Federal or State 
                        law; or
                            ``(ii) has been excluded (or directed to be 
                        excluded) from participation in a program 
                        pursuant to section 1128(a)(5) of the Social 
                        Security Act (42 U.S.C. 1320a-7(a)(5)).''.
    (b) Revocation of Registration.--Section 304(a) of the Controlled 
Substances Act (21 U.S.C. 824(a)) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively, and 
                indenting accordingly;
                    (B) by striking ``(a) A registration'' and 
                inserting ``(a)(1) Subject to paragraph (3), a 
                registration''; and
                    (C) in the undesignated paragraph following 
                subparagraph (E), as redesignated, by striking ``A 
                registration'' and inserting the following:
            ``(2) Revocation of registration to dispense a narcotic 
        drug.--A registration'';
                and
            (2) by adding at the end the following:
            ``(3) Mandatory revocation of registration.--The Attorney 
        General shall revoke a registration described in paragraph (1) 
        upon a finding by the Attorney General that the registrant--
                    ``(A) administered, dispensed, or recommended the 
                use of marihuana to an individual in violation of 
                Federal or State law; or
                    ``(B) has been excluded (or directed to be 
                excluded) from participation in a program pursuant to 
                section 1128(a)(5) of the Social Security Act (42 
                U.S.C. 1320a-7(a)(5)).''.

SEC. 4. PROHIBITED ACTS RELATING TO MARIHUANA.

    Section 403(a) of the Controlled Substances Act (21 U.S.C. 843(a)) 
is amended--
            (1) in paragraph (3), by inserting before the semicolon ``, 
        including acquiring or obtaining possession of marihuana by 
        means of claiming a medical need, with the intent of selling or 
        distributing the marihuana'';
            (2) in paragraph (8), by striking ``or'' at the end;
            (3) in paragraph (9), by striking the period at the end and 
        inserting ``; or''; and
            (4) by adding at the end the following:
            ``(10) if that person is a practitioner, to prescribe, 
        dispense, or recommend the use of marihuana.''.

SEC. 5. ENHANCED PENALTIES RELATING TO MARIHUANA.

    Section 403 of the Controlled Substances Act (21 U.S.C. 843) is 
amended by adding at the end the following:
    ``(g) In addition to any other applicable penalty, any practitioner 
who violates this section by prescribing, dispensing, or recommending 
the use of marihuana to a person under 21 years of age shall be 
sentenced to a term of imprisonment of not more than 8 years, a fine of 
not more than $60,000, or both.''.

SEC. 6. EXCLUSION OF CERTAIN INDIVIDUALS AND ENTITIES FROM 
              PARTICIPATION IN MEDICARE AND STATE HEALTH CARE PROGRAMS 
              FOR ILLEGALLY DISPENSING MARIHUANA.

    Section 1128(a) of the Social Security Act (42 U.S.C. 1320a-7(a)) 
is amended by adding at the end the following:
            ``(5)(A) Any person (including an organization, agency, or 
        other entity, but excluding a beneficiary, as defined in 
        subsection 1128A(i)(5)) that administers, dispenses, or 
        recommends the use of marihuana to an individual in violation 
        of a Federal or State law.
            ``(B) In this paragraph, the terms `administer', 
        `dispense', `recommend', and `marihuana' have the same meanings 
        as in section 102 of the Controlled Substances Act (21 U.S.C. 
        802)).''.

Output: Drug Use Prevention Act of 1997 - Amends:  (1) the Social Security Act to exclude individuals and entities from participation in Medicare and State health care programs (participation) for administering, dispensing, or recommending the use of marihuana to an individual in violation of Federal or State law; and (2) the Controlled Substances Act (CSA) to direct the Attorney General to deny an application for registration, or revoke a registration, of a practitioner to dispense, or conduct research with, controlled substances upon a finding by the Attorney General that the applicant practitioner administered, dispensed, or recommended the use of marihuana to an individual in violation of Federal or State law or that the applicant practitioner has been excluded (or directed to be excluded) from participation for illegally dispensing marihuana. 
Deems a practitioner to have "recommended" the use of marihuana if he or she offered advice, or responded to a request for advice, suggesting the use of marihuana while acting in the course of his or her professional capacity. 
Amends the CSA to prohibit:  (1) an individual from acquiring or obtaining possession of marihuana by means of claiming a medical need, with the intent of selling or distributing the marihuana; and (2) a practitioner from prescribing, dispensing, or recommending the use of marihuana. 
Directs that, in addition to any other applicable penalty, any practitioner who violates the CSA by prescribing, dispensing, or recommending the use of marihuana to a person under age 21 be sentenced to up to eight years' imprisonment, fined up to $60,000, or both.


Input: Consider Input: SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Trademark Dilution 
Revision Act of 2006''.
    (b) References.--Any reference in this Act to the Trademark Act of 
1946 shall be a reference to the Act entitled ``An Act to provide for 
the registration and protection of trademarks used in commerce, to 
carry out the provisions of certain international conventions, and for 
other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.).

SEC. 2. DILUTION BY BLURRING; DILUTION BY TARNISHMENT.

    Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is 
amended--
        (1) by striking subsection (c) and inserting the following:
    ``(c) Dilution by Blurring; Dilution by Tarnishment.--
        ``(1) Injunctive relief.--Subject to the principles of equity, 
    the owner of a famous mark that is distinctive, inherently or 
    through acquired distinctiveness, shall be entitled to an 
    injunction against another person who, at any time after the 
    owner's mark has become famous, commences use of a mark or trade 
    name in commerce that is likely to cause dilution by blurring or 
    dilution by tarnishment of the famous mark, regardless of the 
    presence or absence of actual or likely confusion, of competition, 
    or of actual economic injury.
        ``(2) Definitions.--(A) For purposes of paragraph (1), a mark 
    is famous if it is widely recognized by the general consuming 
    public of the United States as a designation of source of the goods 
    or services of the mark's owner. In determining whether a mark 
    possesses the requisite degree of recognition, the court may 
    consider all relevant factors, including the following:
            ``(i) The duration, extent, and geographic reach of 
        advertising and publicity of the mark, whether advertised or 
        publicized by the owner or third parties.
            ``(ii) The amount, volume, and geographic extent of sales 
        of goods or services offered under the mark.
            ``(iii) The extent of actual recognition of the mark.
            ``(iv) Whether the mark was registered under the Act of 
        March 3, 1881, or the Act of February 20, 1905, or on the 
        principal register.
        ``(B) For purposes of paragraph (1), `dilution by blurring' is 
    association arising from the similarity between a mark or trade 
    name and a famous mark that impairs the distinctiveness of the 
    famous mark. In determining whether a mark or trade name is likely 
    to cause dilution by blurring, the court may consider all relevant 
    factors, including the following:
            ``(i) The degree of similarity between the mark or trade 
        name and the famous mark.
            ``(ii) The degree of inherent or acquired distinctiveness 
        of the famous mark.
            ``(iii) The extent to which the owner of the famous mark is 
        engaging in substantially exclusive use of the mark.
            ``(iv) The degree of recognition of the famous mark.
            ``(v) Whether the user of the mark or trade name intended 
        to create an association with the famous mark.
            ``(vi) Any actual association between the mark or trade 
        name and the famous mark.
        ``(C) For purposes of paragraph (1), `dilution by tarnishment' 
    is association arising from the similarity between a mark or trade 
    name and a famous mark that harms the reputation of the famous 
    mark.
        ``(3) Exclusions.--The following shall not be actionable as 
    dilution by blurring or dilution by tarnishment under this 
    subsection:
            ``(A) 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, including use in connection 
        with--
                ``(i) advertising or promotion that permits consumers 
            to compare goods or services; or
                ``(ii) identifying and parodying, criticizing, or 
            commenting upon the famous mark owner or the goods or 
            services of the famous mark owner.
            ``(B) All forms of news reporting and news commentary.
            ``(C) Any noncommercial use of a mark.
        ``(4) Burden of proof.--In a civil action for trade dress 
    dilution under this Act for trade dress not registered on the 
    principal register, the person who asserts trade dress protection 
    has the burden of proving that--
            ``(A) the claimed trade dress, taken as a whole, is not 
        functional and is famous; and
            ``(B) if the claimed trade dress includes any mark or marks 
        registered on the principal register, the unregistered matter, 
        taken as a whole, is famous separate and apart from any fame of 
        such registered marks.
        ``(5) Additional remedies.--In an action brought under this 
    subsection, the owner of the famous mark shall be entitled to 
    injunctive relief as set forth in section 34. The owner of the 
    famous mark shall also be entitled to the remedies set forth in 
    sections 35(a) and 36, subject to the discretion of the court and 
    the principles of equity if--
            ``(A) the mark or trade name that is likely to cause 
        dilution by blurring or dilution by tarnishment was first used 
        in commerce by the person against whom the injunction is sought 
        after the date of enactment of the Trademark Dilution Revision 
        Act of 2006; and
            ``(B) in a claim arising under this subsection--
                ``(i) by reason of dilution by blurring, the person 
            against whom the injunction is sought willfully intended to 
            trade on the recognition of the famous mark; or
                ``(ii) by reason of dilution by tarnishment, the person 
            against whom the injunction is sought willfully intended to 
            harm the reputation of the famous mark.
        ``(6) Ownership of valid registration a complete bar to 
    action.--The ownership by a person of a valid registration under 
    the Act of March 3, 1881, or the Act of February 20, 1905, or on 
    the principal register under this Act shall be a complete bar to an 
    action against that person, with respect to that mark, that--
            ``(A)(i) is brought by another person under the common law 
        or a statute of a State; and
            ``(ii) seeks to prevent dilution by blurring or dilution by 
        tarnishment; or
            ``(B) asserts any claim of actual or likely damage or harm 
        to the distinctiveness or reputation of a mark, label, or form 
        of advertisement.
        ``(7) Savings clause.--Nothing in this subsection shall be 
    construed to impair, modify, or supersede the applicability of the 
    patent laws of the United States.''; and
        (2) in subsection (d)(1)(B)(i)(IX), by striking ``(c)(1) of 
    section 43'' and inserting ``(c)''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Marks Registrable on the Principal Register.--Section 2(f) of 
the Trademark Act of 1946 (15 U.S.C. 1052(f)) is amended--
        (1) by striking the last two sentences; and
        (2) by adding at the end the following: ``A mark which would be 
    likely to cause dilution by blurring or dilution by tarnishment 
    under section 43(c), may be refused registration only pursuant to a 
    proceeding brought under section 13. A registration for a mark 
    which would be likely to cause dilution by blurring or dilution by 
    tarnishment under section 43(c), may be canceled pursuant to a 
    proceeding brought under either section 14 or section 24.''.
    (b) Opposition.--Section 13(a) of the Trademark Act of 1946 (15 
U.S.C. 1063(a)) is amended in the first sentence by striking ``as a 
result of dilution'' and inserting ``the registration of any mark which 
would be likely to cause dilution by blurring or dilution by 
tarnishment''.
    (c) Cancellation.--Section 14 of the Trademark Act of 1946 (15 
U.S.C. 1064) is amended, in the matter preceding paragraph (1) by 
striking ``, including as a result of dilution under section 43(c),'' 
and inserting ``, including as a result of a likelihood of dilution by 
blurring or dilution by tarnishment under section 43(c),''.
    (d) Marks for the Supplemental Register.--The second sentence of 
section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended to 
read as follows:
``Whenever any person believes that such person is or will be damaged 
by the registration of a mark on the supplemental register--
        ``(1) for which the effective filing date is after the date on 
    which such person's mark became famous and which would be likely to 
    cause dilution by blurring or dilution by tarnishment under section 
    43(c); or
        ``(2) on grounds other than dilution by blurring or dilution by 
    tarnishment, such person may at any time, upon payment of the 
    prescribed fee and the filing of a petition stating the ground 
    therefor, apply to the Director to cancel such registration.''.
    (e) Definitions.--Section 45 of the Trademark Act of 1946 (15 
U.S.C. 1127) is amended by striking the definition relating to the term 
``dilution''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.


Output: Trademark Dilution Revision Act of 2006 - Amends the Trademark Act of 1946 to revise provisions relating to trademark dilution.

Entitles an owner of a famous mark that is distinctive to an injunction against another person who commences use of a mark of trade name, after it has become famous, in commerce in a manner that is likely to cause dilution by blurring or tarnishment, regardless of the presence or absence of actual or likely confusion, competition, or actual economic injury.

Defines a mark as famous if it is widely recognized by the general consuming public as a designation of the source of the goods or services of the mark's owner. Allows the court to consider all relevant factors when determining whether a mark is famous, including: (1) the duration, extent, and geographic reach of advertising and publicity of the mark; (2) the amount, volume, and geographic extent of sales of goods or services offered under the mark; (3) the extent of actual recognition of the mark; and (4) whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.

Defines "dilution by blurring" as an association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark. Allows the court to consider all relevant factors when determining whether a mark or trade name is likely to cause dilution by blurring, including: (1) the degree of similarity; (2) the degree of inherent or acquired distinctiveness of the famous mark; (3) the extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark; (4) the degree of recognition of the famous mark; (5) whether the user of the mark or trade name intended to create an association with the famous mark; and (6) any actual association between the mark or trade name and the famous mark.

Defines "dilution by tarnishment" as an association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark.

Declares that certain acts are not actionable as dilution by blurring or tarnishment, including: (1) any fair use of a famous mark by another person other than as a designation of source for the person's own goods or services, including for advertising or promotion that permits consumers to compare goods or services, or identifying and parodying, criticizing, or commenting upon the famous mark owner or the owner's goods or services; (2) all forms of news reporting and news commentary; and (3) any noncommercial use of a mark.

Requires the person who asserts trade dress protection for trade dress not registered on the principal register in a civil action for trade dress dilution to prove that: (1) the claimed trade dress, taken as a whole, is not functional and is famous; and (2) if the claimed trade dress includes any mark or marks registered on the principal register, the unregistered matter, taken as a whole, is famous separate and apart from any fame of such registered marks.

Allows the owner of a famous mark to seek additional remedies in an action under this Act if the person against whom the injunction is sought: (1) first used the mark or trade name in commerce after the date of enactment of this Act; (2) willfully intended to trade on the recognition of the famous mark; or (3) willfully intended to harm the reputation of the famous mark.

Declares that ownership of a valid registration is a complete bar to an action under state common law or statute that seeks to prevent dilution by blurring or tarnishment or that asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement.