Trademark dilution occurs when a third part uses a mark or trade name in commerce that is sufficiently similar to a famous mark such that it harms consumer perception of the famous mark. “Blurring” and “tarnishment” are the two types of harm that arise from dilution.
“Blurring” happens when a famous mark’s distinctiveness is harmed because it becomes or is likely to become associated with a similar mark or trade name. In other words, the third party’s mark weakens the consumer’s perception that the famous mark is connected to the plaintiff’s goods or services.
