LAW 783-001 – Trademark Law and Practice

Dilution by Blurring


Trademark dilution by blurring is when a "famous mark" loses some of its distinctiveness because of the use of a similar mark, regardless of what for.

There are six factors used to determine dilution by blurring:

  1. Degree of similarity
  2. Degree of distinctiveness
  3. Exclusive use/Policing
  4. Recognition
  5. Intent
  6. Actual association