Works Covered Under Dilution Protection

The court system uses a set of criteria to determine if a trademark is famous enough to receive dilution protection.

1. The length of time the trademarked thing has been existing.

2. The duration of time that advertising for the trademarked thing has been in circulation.

3. The geographic area the trademark is used.

4. How distinct the trademarked thing is.

5. How recognizable the public views the trademarked thing as.

6. The way in which the trademarked thing is sold and distributed.

7. The amount that third parties use the trademarked thing.

8. Whether the mark was federally registered.

After examining a case, a judge will use the above criteria to decide if a trademark is famous enough to enjoy the protection offered by the Dilution Act of 1995Lanham Act.