(a) The owner of a mark that is famous in this state may, subject to the principles of equity and upon terms the court considers reasonable: seek an injunction against another person's commercial use of a mark or trade name, if the use begins after the mark has become famous and causes dilution of the distinctive quality of the mark; and obtain other relief as 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 state;
(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 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 mark is used;
(6) the degree of recognition of the mark in the trading areas and channels of trade in this state 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 mark by third parties; and
(8) whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register.
(b) In an action brought under this section, the owner of a famous mark is entitled only to injunctive relief in this state, 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 willful intent is proven, the owner is entitled to the remedies in this chapter, subject to the discretion of the court and the principles of equity.
(c) The following are not 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 the mark; and
(3) all forms of news reporting and news commentary.
1998 c 315 s 10
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 333 — Assumed Names, Insignia, And Marks
Section 333.001 — Definitions.
Section 333.01 — Commercial Assumed Names.
Section 333.02 — Filing Of Certificate.
Section 333.035 — Amendment Of Certificate.
Section 333.04 — Secretary Of State; Duties, Fees.
Section 333.055 — Term Of Certificate.
Section 333.06 — Pleading Failure To File Certificate; Costs.
Section 333.065 — Penalty For Violation.
Section 333.07 — Lodges, Societies And The Like May Register.
Section 333.09 — Secretary Of State To Keep Record And Index.
Section 333.10 — Duplicates Not Registered.
Section 333.11 — Issuance Of Certificates.
Section 333.13 — Violations; Penalties.
Section 333.135 — Improper Use Of Insignia.
Section 333.14 — Unauthorized Use Is A Crime.
Section 333.15 — Threatened Use May Be Restrained.
Section 333.16 — Vested Rights Not Affected.
Section 333.19 — Unregistrable Matter; Collective And Certification Marks.
Section 333.21 — Certificate Of Registration.
Section 333.22 — Term Of Registration.
Section 333.23 — Conveyances Of Marks; Recordation, Fee, Necessity.
Section 333.24 — Secretary Of State's Record Of Marks.
Section 333.25 — Cancellation Of Marks.
Section 333.26 — Must Use U.s. Patent And Trademark Office System.
Section 333.27 — Improper Registration; Liability.
Section 333.28 — Identical Or Similar Marks; Liability For Misuse.
Section 333.285 — Dilution Of Distinctive Famous Mark May Be Enjoined.
Section 333.30 — Marks Acquired At Common Law.
Section 333.305 — Forum Is District Court; Service On Nonresident Registrant.
Section 333.31 — Service Of Process Upon Nonresident Registrants.
Section 333.40 — Trademark; When Deemed Affixed.
Section 333.41 — Trademarks Of Workers' Unions.
Section 333.42 — Counterfeiting Or Dealing In Counterfeits; How Punished.
Section 333.43 — Registration.
Section 333.44 — Fraudulent Registration Or Use; Penalty.
Section 333.45 — Illegal Use Of Certificate Of Registration.