The elements for the claim of Federal Trademark or Service Mark Dilution are:
- On [DATE], the United States Patent and Trademark Office granted Plaintiff’s Registration Number _________, Serial Number _________ for the words and mark [DESCRIBE] as granted for the goods and services: [DESCRIBE] (the “Mark”);
- The Mark is distinctive and a “famous mark” within the meaning of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c);
- The Mark became distinctive and famous prior to the Defendants’ acts as alleged herein;
- Defendants’ acts as alleged herein have diluted and will, unless enjoined, continue to dilute and are likely to dilute the distinctive quality of the Mark;
- [ALTERNATIVE] Defendants’ acts as alleged herein have tarnished and will, unless enjoined, continue to tarnish, and are likely to tarnish the Mark by undermining and damaging the valuable goodwill associated therewith;
- Defendants’ acts as alleged herein are intentional and willful in violation of Section 43(c)(1) of the Lanham Act, and have already caused Plaintiff irreparable damage and will, unless enjoined, continue to so damage Plaintiff, who has no adequate remedy at law;
- Plaintiff is entitled to, among other relief, an award of actual damages, Defendants’ profits enhanced damages and profits, reasonable attorney fees and costs of the action under Sections 34 and 35 of the Lanham Act, 15 U.S.C. 15 U.S.C. §§ 1116, 1117, together with pre-judgment and post-judgment interest;
- Plaintiff has suffered damages; and
- Plaintiff is entitled to an award of attorney fees and costs as damages.
