Carl Sagan is known for, among other things, the neologism “extraordinary claims require extraordinary evidence.” Courts considering allegations of trademark dilution would likely agree. To prove fame sufficient to support a claim of trademark dilution brand owners are generally called upon to prove that the trademark has become a “household name” with “a strong national presence,” a “significant international presence,” and/or “market dominance.” At the early stages of litigation, however, whether the brand owner can ultimately succeed on the claim is not the concern. In many courts, including the Sixth Circuit, to survive a motion to dismiss for failure to state fame, it is sufficient for a trademark owner to plead sufficient facts to make a plausible claim that the asserted mark is famous.
