Section 57-3B-15 - Injury to business reputation; dilution. - New Mexico Statutes

57-3B-15. Injury to business reputation; dilution.

A.     The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another's use of a mark, commencing after the owner's mark becomes famous, that causes dilution of the distinctive quality of the owner's mark and to obtain other relief as is provided in this section. In determining whether a mark is 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;   

(3)     the duration and extent of advertising and publicity of the mark in this state;   

(4)     the geographical extent of the trading area in which the mark is used;   

(5)     the channels of trade for the goods or services with which the owner's mark is used;   

(6)     the degree of recognition of the owner's mark in its trading area and in the other's trading area, and in the channels of trade in this state; and   

(7)     the nature and extent of use of the same or similar mark by third parties.   

B.     The owner shall be entitled only to injunctive relief in this state in an action brought under this section, unless the subsequent user willfully intended to trade on the owner's reputation or to cause dilution of the owner's mark. If willful intent is proven, the owner shall also be entitled to the remedies set forth in the Trademark Act [57-3B-1 to 57-3B-17 NMSA 1978], subject to the discretion of the court and the principles of equity.