California Business and Professions Code

§ 14247

BPC § 14247 Effective Jan 1, 2008Div. 6 · Ch. 2 · Art. 9

Statute text

(a)Subject to the principles of equity, an owner of a mark that is famous and distinctive, whether inherently or through acquired distinctiveness, shall be entitled 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 is likely to cause dilution of the famous mark, and to obtain such other relief as is provided in this section. For purposes of this subdivision, a mark is famous if it is widely recognized by the general consuming public of this state, or by a geographic area of this state, as a designation of source of the goods or services of the mark’s owner. In determining whether a mark is famous, a court may consider factors including, but not limited to, all of the following:

(1)The duration, extent, and geographic reach of advertising and publicity of the mark in this state, whether advertised or publicized by the owner or third parties.

(2)The amount, volume, and geographic extent of sales in this state of goods or services offered under the mark.

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Legislative history

Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.