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

May 2005 – Article

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.