The Federal Dilution Statute --
15 USC 1023(c); Section 43(c) of the Lanham Act
[not yet complete--still under construction--please check back soon]
(c)(1) ... In determining whether a mark is distinctive and famous, a court
may consider factors such as, but not limited to--
(A) the degree of inherent or acquired distinctiveness of the mark;
(B) the duration and extent of use of the mark in connection with the goods
or services with which the mark is used;
(C) the duration and extent of advertising and publicity of the mark;
(D) the geographical extent of the trading area in which the mark is used;
(E) the channels of trade for the goods or services with which the mark
(F) the degree of recognition of the mark in the trading areas and channels
of trade used by the marks' owner and the person against whom the injunction
(G) the nature and extent of use of the same or similar marks by third
(H) whether the mark was registered under the Act of March 3, 1881, or
the Act of February 20, 1905, or on the principal register.
(4) The following shall not be actionable under this section:
(A) Fair use of a famous mark by another person in comparative commercial
advertising or promotion to identify the competing goods or services of
the owner of the famous mark.
(B) Noncommercial use of a mark.
(C) All forms of news reporting and news commentary."