Second Circuit Clarifies The Standard For Establishing "Blurring"-Type Dilution Under Federal Trademark Dilution Statute

On December 3, 2009, the U.S. Court of Appeals for the Second Circuit clarified federal trademark dilution law, at least as practiced in that Circuit, by explaining the degree of "similarity" required for dilution by "blurring" to be established between the diluting mark and the plaintiff's mark.  The Second Circuit reversed-in-part a decision of the U.S. District Court for the Southern District of New York (Swain, J.) holding that a small coffee distributor's use of the marks "Mister Charbucks" and "Charbucks Blend" for coffee blends (collectively, the "Charbucks marks") did not dilute Starbucks Corp.'s family of "Starbucks" marks either by blurring or tarnishment.  Starbucks Corp. v. Wolfe's Borough Coffee, Inc., No. 08-3331-cv, 2009 WL 4349537 (2d Cir. Dec. 3, 2009) (slip op.).