Second Circuit Holds that Identical Marks Give Rise to Presumption of Actual Dilution

May 2005

In Savin Corporation v. The Savin Group, 391 F.3d 439, 73 USPQ2d 1273 (2d Cir. Dec. 10, 2004), the United States Court of Appeals for the Second Circuit adopted a presumption of actual dilution where the trademarks at issue are identical, but emphasized that determining whether marks are identical for purposes of a dilution claim is a complex, context and media-specific, factually intensive issue.