Dilution Explained – Lanham Act

Dilution involves the unauthorized use of the trademark of another business on products or services that do not compete with, or have little connection with, those of the trademark owner.

There are two different types of dilution:

  • Blurring decreases the likelihood that a mark will serve as a unique identifier and can diminish the selling power of the owner’s mark.
  • Tarnishment harms a trademark owner’s reputation by linking the mark to products or services that are of poor quality or which are portrayed in an objectionable context.

A dilution survey typically seeks to assess whether relevant consumers associate unauthorized trademark use with the trademark owner’s products or services. It can also be used to determine whether the products or services sold using the allegedly infringing mark are perceived negatively within the marketplace. If there are high levels of association and the allegedly infringing mark elicits negative consumer reactions, it provides strong evidence of dilution.

Rhonda Harper - Expert Witness

Rhonda Harper is routinely retained to formulate expert surveys, conduct rebuttal critiques, or construct rebuttal surveys to show the potential difference in results with properly designed and executed surveys. She has extensive experience and a deep understanding of survey design, sampling, question construction, data analysis, and methodological pitfalls that introduce bias or systematic error.

Located in Dallas, TX, Rhonda Harper has been retained by 95+ law firms since 2005. With a focus on Trademark and Trade Dress Infringement, Misleading and Deceptive Advertising, Licensing, and Commercial Reasonableness cases, Rhonda Harper has conducted hundreds of research studies, including 50+ Likelihood of Confusion and Secondary Meaning surveys. She has been deposed ~50 times and served in ~20+ trials and arbitrations.

Contact: Rhonda Harper at 214-244-4608 or rhonda@rhondaharperllc.com.