(765 ILCS 1036/65)
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 the court deems reasonable,
to an injunction
against another person's commercial use of a mark
if the use begins after the
mark has become famous and causes dilution of the distinctive quality of
the mark, and to obtain such other relief as is provided in
this Section. In determining whether a mark is distinctive and famous, a court
may consider factors such as, but not limited to:
(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
(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 mark's owner and the person against whom the injunction is sought;
(7) the nature and extent of use of the same or
similar mark by third parties; and
(8) whether the mark is the subject of a State
registration in this State, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register.
In an 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 injunctive relief is sought
willfully intended to trade on the owner's
reputation or to cause dilution of the famous mark. If such
willful intent is proven, the owner shall also be entitled to the
remedies set forth in this Act, subject to the discretion of
the court and the principles of equity.
(b) The following are not actionable under this Section:
(1) 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.
(2) Noncommercial use of a mark.
(3) All forms of news reporting and news commentary.
(Source: P.A. 90-231, eff. 1-1-98.)