MMR Strategy Group provides surveys to measure dilution in trademark infringement matters. Dilution is defined by the Trademark Dilution Revision Act (TDRA). According to the TDRA, dilution can involve blurring, which is an association between a junior and senior user that “impairs the distinctiveness of the famous mark” (Sec.2(2)(B)(1)). Dilution can also involve tarnishment, which is an association that “harms the reputation of the famous mark” (Sec.2(2)(C)(1)).
Our survey experts may design a survey to measure dilution that focuses on these issues:
- Blurring: A dilution survey may measure blurring by assessing whether or not consumers make an association between the junior and senior users of the mark.
- Tarnishment: A dilution survey may measure tarnishment by assessing whether or not the junior user has harmed associations for the senior user’s mark.