Analysis

Is Trademark Dilution Even Still A Thing?

Law360 (June 4, 2021, 4:58 PM EDT) -- A new report shows that the past decade has seen a steep and steady decline in accusations of federal trademark dilution, a trend that experts attribute to both tougher restrictions and diminishing returns.

First enacted in 1996, federal anti-dilution law gives the owners of famous brands extra firepower to protect their rights. Unlike a normal claim of infringement, a dilution plaintiff doesn't need to show that the unauthorized use of their trademark is likely to confuse consumers.

The idea behind dilution was to prevent behavior that would lessen the uniqueness of a famous trademark, even if it doesn't rise to the...

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