Most courts have held that the plaintiff need not be a direct competitor of the infringer, but that some level of competition is necessary. Some courts have concluded that competition need not exist at all. 124 A.L.R. Fed. Injury in terms of actual confusion is necessary to obtain monetary relief. See Web Printing Controls v .
Dilution encompasses both tarnishment and blurring.
Tarnishment occurs when someone uses a mark on unwholesome or inferior goods or services covered by the famous mark. Tarnishment may also occur when a trademark is used by an unauthorized party in conjunction with a disparaging, negative or unwholesome message. Blurring occurs when the consumer is caused to identify the non-famous product or service with those covered by the famous mark. Avery Dennison Corp. v. Sumpton , No. If willful intent is shown in conjunction with dilution, then the owner of the famous mark is also entitled to damages, lost profits, and attorneys fees.