Timing of the mark-fame inquiry under US dilution statute

United States of America

The federal Lanham Act protects the distinctiveness of a famous mark against likely dilution, but the statute’s protection is available only against a defendant which began using the mark after the plaintiff’s mark had become famous. A hard line has historically been given towards this requirement, but this was taken one step further in Omega SA (Omega AG) (Omega Ltd) v Alpha Phi Omega.

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