Typically, a plaintiff does not need to show consumer confusion in a trademark dilution action.

Question

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In a trademark dilution action, the plaintiff typically needs to show that their mark is famous and that the defendant's use of a similar mark is likely to dilute the plaintiff's mark, either through blurring or tarnishment, rather than proving actual consumer confusion, which is more commonly required in trademark infringement cases.

Typically, a Plaintiff Does Not Need to Show Consumer Confusion