Learn about the elements of a trademark dilution claim, which is an unauthorized use that blurs or tarnishes a famous mark.
Trademark owners faced with unauthorized use of their marks can also enforce their rights with a dilution claim. Dilution claims protect against conduct that causes a mark to lose its distinctiveness, regardless of whether consumer confusion is likely. Both state and federal law create causes of action for dilution. This lesson explains the elements of a federal dilution claim. Like other Lanham Act claims, dilution claims may be, but don’t have to be, brought in federal district court. ...