Iowa § 548.113 Injury to business reputation — dilution

Iowa Statutes

§ 548.113 — Injury to business reputation — dilution

Iowa § 548.113

Title XIIICOMMERCE

Ch. 548REGISTRATION AND PROTECTION OF MARKS

This text of Iowa § 548.113 (Injury to business reputation — dilution) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 548.113 (2026).

Text

1.The owner of a mark which 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’smarkbecomesfamous, whichcausesdilutionofthedistinctivequalityoftheowner’s mark, and to obtain such 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:

a.The degree of inherent or acquired distinctiveness of the mark in this state.

b.The duration and extent of use of the mark in connection with the goods and services.

c.The duration and extent of advertising and publicity of the mark in this state.

d.The geographical extent of the trading area in which the mark is used.

e.The channels of trade for the goods or s

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1. The owner of a mark which 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’smarkbecomesfamous, whichcausesdilutionofthedistinctivequalityoftheowner’s
mark, and to obtain such 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:
a. The degree of inherent or acquired distinctiveness of the mark in this state.
b. The duration and extent of use of the mark in connection with the goods and services.
c. The duration and extent of advertising and publicity of the mark in this state.
d. The geographical extent of the trading area in which the mark is used.
e. The channels of trade for the goods or services with which the owner’s mark is used.
f. The degree of recognition of the owner’s mark in its and in the other’s trading areas
and channels of trade in this state.
g. The nature and extent of use of the same or similar mark by third parties.
2. 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 such willful intent is proven, the owner
shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the
court and the principles of equity.