Trademark Infringement & Dilution
Owners of strong and famous trademarks have two categories of claims that may be asserted to prevent other businesses from using similar names:
- Trademark Infringement/Unfair Competition — this is for the protection of consumers; and
- Trademark Dilution under Federal and state laws — this derives from the protection of property.
To prevail on infringement or unfair competition, a plaintiff must prove:
- Prior rights in a valid mark; and
- Defendant’s mark is so similar as to create a likelihood of confusion, mistake or deception.
To prevail on dilution under federal law, a plaintiff must prove:
- Ownership of a famous mark that is widely recognized by the general consuming public; and
- After the mark became famous, the defendant began using a mark or trade name that is likely to cause dilution by blurring or tarnishment of the famous mark.
Last Modified: December 5th, 2009