Dilution occurs through either tarnishment or blurring. Blurring occurs when the trademark is weakened because it is associated with other users' products and or services. Dilution by blurring is association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctness of the famous mark. As an easier way to consider blurring, some describe trademark blurring as “blunting” the capacity of a famous mark to cut through the clutter of the marketplace. For example, making the Nike "Swoosh" less distinguishable.

Dilution by tarnishment occurs when a famous mark is improperly associated with an inferior or offensive product or service. Dilution by tarnishment is association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark. Frequently, courts have found such negative connotations in situations where a mark was used in the context of drugs, nudity, and sex.

A dilution cause of action does not come without its requirements. First, the trademark owner must show actual dilution, not just a likelihood of dilution. Second, the trademark that is allegedly being diluted must be famous. A mark is famous if it is widely recognized by the general consuming public in the United States as a designation of source of the goods or service of the mark's owner. In determining whether a mark possesses the necessary degree of recognition, all relevant factors are considered, including:

• The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties.
• The amount, volume, and geographic extent of sales of goods or services offered under the mark.
• The extent of actual recognition of the mark.
• Whether the mark is registered with the United States Patent and Trademark Office

For dilution by blurring, a court may consider all relevant factors, including:

• The degree of similarity between the mark or trade name and the famous mark.
• The degree of inherent or acquired distinctiveness of the famous mark.
• The extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark.
• The degree of recognition of the famous mark.
• Whether the user of the mark or trade name intended to create an association with the famous mark.
• Any actual association between the mark or trade name and the famous mark.

For dilution by tarnishment, there are no specific factors, but rather a case by case analysis of any negative connotations as mentioned above.

Thus, trademark dilution claims, require the examination of many factors and are highly complex. If you believe someone is diluting your mark, you should contact us.