Lost in the Semiotic Maze: Empirical Approaches to Proof of Blurring in Trademark Dilution Law

One of the most interesting and possibly disturbing developments in U.S. trademark law in recent decades is the rise of a federal remedy for trademark dilution. Dilution law in theory provides a remedy for owners of famous trademarks when others use similar marks in ways that blur or tarnish the famous mark. This article focuses on attempts by courts and scholars to formulate a methodology for proving this elusive cause of action. The article offers a history of dilution regulation and analyzes and critiques representative empirical approaches to proving dilution, with a focus on dilution by blurring.