Preemption occurs when: One mark is used prior to a later, identical mark. State law is superseded by federal law. Trademark law is used instead of copyright law. There is no such thing as “preemption.”

Trademark dilution occurs when: A famous mark becomes less capable of identifying goods. Multiple marks are used by a single producer for a single product (such as selling a sweater under two different store names). A mark is improperly maintained on the principal register. A trademark is mixed with two parts water and 1 part soda.

In order to make out in a case of trademark dilution, a plaintiff must first show: The validity of his mark. The similarity of the competing mark. That the mark is famous. That the mark is valuable in commerce.

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