2005 Idaho Code - 48-513 — INJURY TO BUSINESS REPUTATION -- DILUTION

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 5
                  REGISTRATION AND PROTECTION OF TRADEMARKS
    48-513.  INJURY TO BUSINESS REPUTATION -- DILUTION. The owner of a mark
which is famous in this state shall be entitled, subject to the principles of
equity, to an injunction against another's use of a mark, commencing after the
owner's mark becomes famous, which causes dilution of the distinctive quality
of the owner's mark, and to obtain such other relief as is provided in this
section.  In determining whether a mark is famous, a court may consider
factors such as, but not limited to:
    (1)  The degree of inherent or acquired distinctiveness of the mark in
this state;
    (2)  The duration and extent of use of the mark in connection with the
goods and services;
    (3)  The duration and extent of advertising and publicity of the mark in
this state;
    (4)  The geographical extent of the trading area in which the mark is
used;
    (5)  The channels of trade for the goods or services with which the
owner's mark is used;
    (6)  The degree of recognition of the owner's mark in its and in the
other's trading areas and channels of trade in this state; and
    (7)  The nature and extent of use of the same or similar mark by third
parties.
    The owner shall be entitled only to injunctive relief in this state in an
action brought under this section, unless the subsequent user willfully
intended to trade on the owner's reputation or to cause dilution of the
owner's mark.  If such willful intent is proven, the owner shall also be
entitled to the other remedies provided in this chapter, subject to the
discretion of the court and the principles of equity.