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The article describes the U.S. Trademark Dilution Revision Act of 2006 (TDRA) as well as the significant changes made by it to trademark dilution in the U.S. It examines the structure of TDRA's "fair use" provision and the impact of the "trademark use" exclusion on the parodies sub-clause. It highlights TDRA's assessment of non-source-denoting parodies and offers suggestions for reforming TDRA's rules regarding non-dilutive parodies.

The article offers insights on the U.S. trademark law and policy and Canada's Trade-marks Act. It states that the dilution doctrine in the U.S. recognizes new forms of harm to trademarks including dilution by blurring and tarnishment. In Canada, the extent to which trademark liability can exist in the absence of distinguishing use and confusion reportedly remains uncertain. That Section 22 of Canada's Trade-marks Act is difficult to justify from a doctrinal perspective is pointed out.