Sarah FackrellAug 9, 2023

PSA: To be "famous" for the purposes of federal antidilution law, the mark has to be "widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner."

https://www.law.cornell.edu/uscode/text/15/1125

Your mark basically has to be a "household name."

Niche fame is NOT enough.

#TradeDress #LanhamAct #LawFedi

15 U.S. Code § 1125 - False designations of origin, false descriptions, and dilution forbidden

LII / Legal Information Institute
Show threadDr. Fancypants, Esq.Aug 9, 2023
@design_law When I was a baby lawyer, a trademark partner at my firm illustrated how strict the “famous” requirement is by pointing to “Aleve”, which apparently failed to meet the threshold at the time.
Show threadSarah Fackrell
@drfancypantsesq Yeah, the bar is high! When I was at Oklahoma, I used to blow my students' minds by telling them the Texas Longhorns logo didn't make the cut. (I suspect that example would evoke less of a visceral reaction for most of my current students.)
Aug 9, 2023 at 2:14pmWeb