Trademark Dilution Claims: Proving Fame

Summary

This practice note addresses how to prove a trademark is famous when asserting a dilution claim in federal court or in a Trademark Trial and Appeal Board (TTAB) proceeding pursuant to the Trademark Dilution Revision Act of 2006 (TDRA), 15 U.S.C. § 1125(c). Topics discussed include the legal standard for fame, the statutory fame factors, and the types of evidence that may be submitted.