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- Under Lanham Act § 43 (c), 15 U.S.C.A. § 1125 (c), 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.
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Feb 7, 2022 · Under federal trademark law, trademarks that are deemed to be “famous” are entitled to extra legal protection. Whether a trademark is “famous” is a factual determination that includes these non-exhaustive statutory factors:
A small percentage of trademarks achieve an exalted status that affords them broader legal protection - they become famous marks. This article analyzes what constitutes a famous mark, why these trademarks receive expanded rights, and how companies can position their own brands on the path to fame.
Oct 15, 2023 · Under the Federal Trademark Dilution Act of 1995 (Dilution Act), a trademark owner need not prove a likelihood of confusion in order to protect the mark. Instead, the focus is on whether the distinctive quality is diluted.
- Legal Standard For Fame
- Statutory Fame Factors
- Factor One: Advertising and Publicity of Mark
- Factor Two: Sales of Goods Or Services Offered Under Mark
- Factor Three: Extent of Actual Recognition of Mark
- Factor Four: Federal Registration of Mark
- Other Evidence of Fame
- Related Content
To assert a dilution claim under the TDRA, the plaintiff’s mark must be famous. The statute defines a famous mark as “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.”2It also lists four non-exclusive factors that courts may consider when assessing fame. ...
The statutory factors for determining whether a mark is famous for dilution purposes are: 1. The duration, extent, and geographic reach of advertising and publicity of the mark, by either plaintiff or third parties 2. The amount, volume, and geographic extent of sales of goods or services offered under the mark 3. The extent of actual recognition o...
The first statutory fame factor is the duration, extent, and geographic reach of advertising and publicity of the mark (by either plaintiff or third parties).8Generally, the longer a mark has been used and advertised and the more widespread the advertising and publicity, both geographically and across different types of media, the more likely the m...
The second statutory fame factor is the amount, volume, and geographic extent of sales of goods or services offered under the mark.17Generally, the more widespread the plaintiff’s sales and the higher the sales figures, the more likely the mark will be deemed famous. As with the first fame factor, however, there are no bright-line rules; what is su...
The third statutory fame factor is the extent of actual recognition of the mark.26When analyzing this factor, courts consider whether the mark is widely recognized by the general consuming public of the United States. Local or niche fame is insufficient. To show that a mark is widely recognized by the general public, plaintiffs generally submit two...
The fourth statutory fame factor is whether the mark is federally registered on the Principal Register or under earlier federal trademark acts.31 While federal registration is not required to bring a dilution claim under the TDRA, the lack of a Principal Register registration weighs against a finding of fame (and, as a practical matter, courts are ...
Because the statutory fame factors are nonexclusive, courts are free to consider other evidence when assessing fame for dilution purposes.35Thus, do not limit yourself to the statutory factors. Carefully evaluate whether any other types of evidence may support a finding of fame in your client’s case. Also research the case law in your jurisdiction ...
1. 15 U.S.C.S. § 1125(c). 2. 15 U.S.C.S. § 1125(c)(2)(A). 3. Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1373 (Fed. Cir. 2012) (quotations and citations omitted). 4. Thane Int’l, Inc. v. Trek Bicycle Corp., 305 F.3d 894, 911 (9th Cir. 2002); see also Nissan Motor Co. v. Nissan Computer Corp., 378 F.3d 1002, 1011 (9th Cir. 2004) (dilu...
If a trademark is famous and someone else has used it or something close to it, then the famous mark's owner can sue for trademark dilution by blurring and trademark dilution by tarnishment.
Unlike the famous mark doctrine, which centers on fame within the U.S., the well-known marks doctrine offers protection to trademarks based on their international recognition, regardless of whether they’ve been registered or even used in a particular country.
In the United States, the Federal Trademark Dilution Act (FTDA), 15 U.S.C. § 1125(c), creates a federal cause of action to protect famous marks from unauthorized use; to prevent others from trading upon the goodwill and established renown of such marks; and to prevent dilution of the distinctive quality of such marks. The FTDA is intended to ...
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Registering Trademark Is Simple & Affordable Call or Chat With Right Trade Mark. Your Trademark Is Your Business’s Most Valuable Asset. Protect It in 30 Minutes Only.
