Practice Area

Trademark Dilution

Federal Court

Situation — How This Comes Up

Someone is using my famous brand name in a way that is tarnishing its reputation.

What You Need to Know First

Trademark dilution protects famous marks from uses that blur their distinctiveness or tarnish their reputation — even when there is no likelihood of confusion. Fame is the threshold requirement and it is a high bar.

Full Analysis

Federal trademark dilution claims under the Trademark Dilution Revision Act require proving the mark is famous (nationally recognized by the general public), and that the defendant’s use causes blurring or tarnishment.

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