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Injury to business or reputation; dilution - 54 Pa. Cons. Stat. § 1124

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     § 1124.  Injury to business or reputation; dilution.
        The owner of a mark which is famous in this Commonwealth
     shall be entitled, subject to the principles of equity and upon
     such terms as the court deems reasonable, to an injunction
     against another person's commercial use of a mark or trade name
     if such use begins after the mark has become famous and causes
     dilution of the distinctive quality of the mark and to obtain
     such other relief as is provided in this section. In determining
     whether a mark is distinctive and 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 Commonwealth.
            (2)  The duration and extent of use of the mark in
        connection with the goods and services with which the mark is
        used.
            (3)  The duration and extent of advertising and publicity
        of the mark in this Commonwealth.
            (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 mark is used.
            (6)  The degree of recognition of the mark in the trading
        areas and channels of trade in this Commonwealth used by the
        mark's owner and the person against whom the injunction is
        sought.
            (7)  The nature and extent of use of the same or similar
        marks by third parties.
            (8)  Whether the mark is the subject of a registration in
        this Commonwealth or a Federal registration under the act of
        March 3, 1881 (21 Stat. 502) or the act of February 20, 1905
        (33 Stat. 724), repealed by the Trademark Act of 1946 (60
        Stat. 427, 15 U.S.C. § 1051 et seq.), or on the principal
        register.
     In an action brought under this section, the owner of a famous
     mark shall be entitled only to injunctive relief in this
     Commonwealth unless the person against whom the injunctive
     relief is sought willfully intended to trade on the owner's
     reputation or to cause dilution of the famous mark. If such
     willful intent is proven, the owner shall also be entitled to
     the remedies set forth in this chapter, subject to the
     discretion of the court and the principles of equity. The
     following shall not be actionable under this section:
            (1)  Fair use of a famous mark by another person in
        comparative commercial advertising or promotion to identify
        the competing goods or services of the owner of the famous
        mark.
            (2)  Noncommercial use of a mark.
            (3)  All forms of news reporting and news commentary.
     (June 18, 1998, P.L.518, No.73, eff. 60 days)

Last modified: November 27, 2007