When is a trademark considered “famous” for purposes of federal dilution protection?
The qualifications of a “famous” mark for purposes of dilution protection have been changed under the Trademark Dilution Revision Act of 2006 (See TDRA Update). Generally speaking, the mark must be “widely recognized by the general consuming public of the United States,” which effectively cuts out niche fame. A mark which is famous only in a small region would not qualify as famous for dilution protection.
