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The owner of a famous mark is entitled to an injunction against another person who uses a mark or trade name in commerce that is likely to cause dilution of the famous mark regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. See 15 U.S.C. § 1125(c). A mark is considered famous if ...
- 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...
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Trademark Dilution by Blurring. "Blurring" is when the use of a similar or identical trademark impairs (or diminishes) the distinctiveness of the famous mark. To be protected as a trademark, a mark must be distinctive—that is, it must uniquely identify a particular set of goods or services. When another's use of a famous mark (or a similar ...
Oct 15, 2023 · Trademark dilution occurs when a third party uses a mark or trade name in commerce that is sufficiently similar to a famous mark such that it harms consumer perception of the famous mark. “Blurring” and “tarnishment” are the two types of harm that arise from dilution. “Blurring” happens when a famous mark’s distinctiveness is ...
A famous or well-known mark is a trademark that, in view of its widespread reputation or recognition, may enjoy broader protection than an ordinary mark. Our Position We support the effective enforcement of well-known marks worldwide and are committed to assisting governments in meeting their international treaty obligations to protect famous ...
A famous trademark is one that has acquired an exceptionally high degree of consumer recognition. Famous marks are afforded a broad scope of legal protection because they are more likely to be remembered and associated in the public mind than a weaker mark. Very few trademarks are eligible for "famous" status because the mark must become a ...
Feb 7, 2022 · Whether a trademark is “famous” is a factual determination that includes these non-exhaustive statutory factors: The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. The amount, volume, and geographic extent of sales of goods or services offered ...
