Trademark Dilution Law Changes Not Good for Defendants

Eric Goldman , assistant professor at Santa Clara University School of Law and a frequent blogger, sums up recent changes to trademark dilution laws in the U.S. by saying the bottom line is that the amendments are unfavorable for defendants in trademark dilution cases.

He believes defendants would benefit from a change requiring that the mark in a dilution case must be widely recognized in the United States, making the cause of action unavailable for marks known only within a smaller community. But that benefit is more than offset by a change permitting a plaintiff to only show a likelihood of dilution rather than having to show actual dilution.

Read our previous post for a discussion of the differences between dilution and infringement