Dilution

Under the Federal Trademark Dilution Act, a plaintiff can make a claim against defendant if the plaintiff proves (1) that the plaintiff's mark is famous; (2) that the defendant is making commercial use of the trademark in commerce; (3) that the defendant's use of the trademark began after the trademark was already famous; and (4) the defendant's use of the trademark dilutes the quality of the mark, such as by diminishing the capacity of the mark to identify and distinguish goods. This diluting could be achieved by tarnishment of the trademark, or blurring and causing confusion by placing it on incompatible goods. Parodies are often contested under the Dilution Act since plaintiffs often see parody as a tarnishment of their trademark.