TRADEMARK DILUTION SURVEYS

Given the heightened bar for fame/distinctiveness as put forth in the TDRA in 2006, we offer trademark dilution surveys to assess two critical criteria of the marks. First, we seek to understand whether a junior mark intended to create association with a senior mark. Secondly, we seek the degree of similarity between the junior and senior marks and distinctiveness of the senior mark.

While case law is not as established as in other types of trademark testing, we generally rely on blurring surveys to understand whether the mark has become associated with more than one type of good, or tarnishment surveys to understand whether the mark is dilution by association with inferior or salacious content.