Texas Business & Commerce Code

§ 16.103 — INJURY TO BUSINESS REPUTATION; DILUTION

BC § 16.103Title 2. COMPETITION AND TRADE PRACTICES · Ch. 16. TRADEMARKS · Art. C. ENFORCEMENT

Statute text

(a)Subject to the principles of equity, the owner of a mark that is famous and distinctive, inherently or through acquired distinctiveness, in this state is entitled to enjoin another person's commercial use of a mark or trade name that begins after the mark has become famous if use of the mark or trade name is likely to cause the dilution of the famous mark.

(b)For purposes of this section, a mark is considered to be famous if the mark is widely recognized by the public throughout this state or in a geographic area in 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:

(1)the duration, extent, and geographic reach of the advertisement and publicity of the mark in this state, regardless of whether the mark is advertised or publicized by the owner or a third party;

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

(3)the extent of actual recognition of the mark in this state; and

(4)whether the mark is registered in this state or in the United States Patent and Trademark Office.

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.