[§482-32]  Injury to business reputation;
dilution.  (a)  The owner of a mark which is famous in this State shall be
entitled, subject to the principles of equity and upon such terms as a court
deems reasonable, to 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 famous mark, and to obtain
such other relief as provided in this part.  In determining whether a mark is
distinctive and famous, a court may consider but shall not be limited to
factors such as:



(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 owner of the mark
and the person against whom the injunction is sought;



(7)  The nature and extent of the use of the same or a
similar mark by third parties; and



(8)  Whether the mark is registered in this State, or
federally under the Act of March 3, 1881, or under the Act of February 20,
1905, or on the principal register.



(b)  In any action brought under this section,
the owner of a famous mark shall be entitled only to injunctive relief in this
State, unless the person against whom the injunctive relief is sought wilfully
intended to trade on the owner's reputation or to cause dilution of the famous
mark.  If wilful 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.



(c)  The 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, the noncommercial
use of the mark, and all forms of news reporting and news commentary shall not
be actionable under this section. [L 2001, c 15, pt of §1]