§ 40-1-115 — Injury to business reputation; dilution

(a) 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's mark becomes famous, which causes dilution of the
distinctive quality of the owner'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:
(i) The degree of inherent or acquired
distinctiveness of the mark in this state;
(ii) The duration and extent of use of the mark in
connection with the goods and services;
(iii) The duration and extent of advertising and
publicity of the mark in this state;
(iv) The geographical extent of the trading area in
which the mark is used;
(v) The channels of trade for the goods or services
with which the owner's mark is used;
(vi) 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; and
(vii) 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 such
willful intent is proven, the owner shall also be entitled to
the remedies set forth in this act, subject to the discretion of
the court and the principles of equity.