Related Practices

Proving Dilution By Blurring: An Analysis of Dilution By Blurring Factors Under The Federal Trademark Dilution Act

Official Journal of the International Trademark Association
November 2002

This article, published in the Official Journal of the International Trademark Association (92 Trademark Reporter 1345), focuses on claims of dilution by blurring and provides an extensive review and analysis of appellate and district court decisions addressing the factors applied and evidence used to prove or disprove such claims. It summarizes the general legal standards applicable to claims under the FTDA, identifies dilution by blurring factors that have been applied in appellate court decisions under the FTDA in which a "likelihood of dilution" standard is used, and then comprehensively reviews authority analyzing and applying those factors and the types of evidence held to support or not support a blurring claim. The article also identifies the factors that have been applied in appellate courts that require proof of "actual" dilution under the FTDA, and reviews authority analyzing and applying those factors. The article further reviews surveys that have been presented by parties to establish dilution by blurring, and analyzes whether they were used successfully or unsuccessfully in those proceedings.

To obtain a copy of this article, please contact Chris Micheletti.