Jack Daniel’s, Dior Cry ‘Dilution’ as Toys, Porn Star Copy Marks

In two recent trademark cases, Jack Daniel’s and Christian Dior cited trademark dilution in their efforts to stop non-competing uses of their marks. Trademark dilution is a concept that protects the owners of famous brands beyond their core product lines to keep consumers from associating the famous brand with an unfavorable or potentially offensive brand. While some attorneys argue that the concept of trademark dilution is superfluous, other attorneys recognize the harm it can cause when a new company tries to ride on the coattails of an established brand.

Finnegan partner Naresh Kilaru said, “In my view [the concept of trademark dilution is] clearly not superfluous. It addresses something that likelihood of confusion doesn’t. Let’s say somebody were to come out with Coca-Cola cars. That would be clearly riding on the goodwill Coca-Cola has.”

Regarding the Christian Dior case, where the company filed an opposition to the registration of a trademark for “Gigi Dior,” an adult film star’s stage name, Naresh said, “Of course the harm there is clear. The Christian Dior case is a perfect example. The theory is if someone is using your trademark in connection with something unsavory or that you believe tarnishes your goodwill, that’s a different type of harm.”

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