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Trademark dilution (view source)

Revision as of 21:20, September 3, 2021

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Federal law limits claims of dilution to actions brought on behalf of trademarks that are "famous."  These criteria are used in determining whether a trademark is famous:<ref>15 U.S.C. § 1125(c).</ref>
 
Federal law limits claims of dilution to actions brought on behalf of trademarks that are "famous."  These criteria are used in determining whether a trademark is famous:<ref>15 U.S.C. § 1125(c).</ref>
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(1) the degree of acquired or inherent distinctiveness;  
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:(1) the degree of acquired or inherent distinctiveness;  
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(2) the duration and extent of use;  
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:(2) the duration and extent of use;  
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(3) the amount of publicity and/or advertising;  
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:(3) the amount of publicity and/or advertising;  
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(4) the geographic extent of the market;  
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:(4) the geographic extent of the market;  
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(5) the channels of trade;  
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:(5) the channels of trade;  
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(6) the degree of recognition in trading areas;  
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:(6) the degree of recognition in trading areas;  
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(7) any use of similar marks by third parties; and
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:(7) any use of similar marks by third parties; and
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(8) whether the mark is registered.   
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:(8) whether the mark is registered.   
    
"Xerox" was a classic, famous mark.
 
"Xerox" was a classic, famous mark.
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