Trademark Dilution Explained: Blurring, Tarnishment, and What They Mean for Your Brand
Written by JLG - October 25, 2025
Trademark protection is not limited to stopping others from selling competing products using your brand name. In some cases, even if there is no direct competition or consumer confusion, a trademark can still be harmed. This is where trademark dilution comes in, a legal concept that applies specifically to famous marks.
At Jafari Law Group, we help businesses understand how trademark dilution works and when it may apply. Whether you are building a new brand or protecting a well-established one, it is important to know the difference between dilution and traditional infringement.
What Is Trademark Dilution?
Trademark dilution refers to the unauthorized use of a famous trademark in a way that weakens its distinctiveness or damages its reputation, even if the products or services involved are unrelated.
Unlike trademark infringement, which focuses on whether consumers are likely to be confused, dilution laws aim to protect the unique value of famous marks. These marks carry significant weight in the marketplace, and the law provides additional safeguards to prevent their misuse.
Two Types of Dilution: Blurring and Tarnishment
Trademark dilution falls into two main categories:
Blurring
Blurring occurs when someone uses a famous mark in a way that diminishes its uniqueness. Over time, if a well-known trademark is used too broadly or in unrelated industries, it can lose the strong association it has with a single source.
Example: If a tech company starts using the name “Nike” for software products, even if it does not sell shoes, that use could blur the distinct identity of the Nike brand.
Tarnishment
Tarnishment happens when a famous mark is used in a way that harms its reputation, often by associating it with something offensive, low quality, or controversial.
Example: If a website uses a luxury brand’s name in connection with adult content or offensive material, that could be considered tarnishment.
Who Can Claim Dilution?
Not every business can bring a dilution claim. The mark must be “famous”, recognized widely by the general public across the United States. This high standard means most small or regional brands are not eligible for dilution protection under federal law.
Courts consider several factors when determining fame, such as:
- How long the mark has been in use
- The amount and scope of advertising
- Geographic reach
- Volume of sales under the mark
Federal Trademark Dilution Law
The main federal law covering trademark dilution is the Trademark Dilution Revision Act (TDRA) of 2006. Under this law, owners of famous marks can sue for dilution by blurring or tarnishment, even if the defendant’s use does not cause consumer confusion or involve similar products.
The TDRA also allows brand owners to seek an injunction to stop the use and, in some cases, pursue monetary damages.
How to Protect Your Brand from Dilution
If you own a famous trademark, or are building one, you should take steps to monitor and enforce your rights:
- Register your trademark federally for stronger legal protection.
- Watch for unauthorized uses of your mark, even in unrelated industries.
- Act quickly if you see uses that could blur or tarnish your brand.
- Work with legal counsel to assess whether a potential claim is based on dilution or infringement.
At Jafari Law Group, we advise clients on how to build strong brand protection strategies and when to take legal action. Trademark dilution claims are often complex and fact-specific, but they can be an important tool for preserving the long-term value of a well-known brand.If you have questions about dilution, brand enforcement, or trademark registration, we offer a free consultation to help you understand your options. Contact Jafari Law Group today to speak with an attorney.