Key: (1) language to be deleted (2) new language
CHAPTER 477-S.F.No. 2579
An act relating to commerce; restraint of trade;
providing a civil remedy for injury to business
reputation or dilution of quality of a mark; providing
grounds for injunctive relief; proposing coding for
new law in Minnesota Statutes, chapter 325D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [325D.165] [INJURY TO BUSINESS REPUTATION.]
Likelihood of injury to business reputation or of dilution
of the distinctive quality of a mark or trade name shall be
grounds for injunctive relief, regardless of the presence or the
absence of competition between the parties or likelihood of
confusion, mistake, or deception.
For the purposes of this section, the following terms have
the meanings given them:
(1) "dilution" means the lessening of the capacity of an
owner's mark to identify and distinguish goods or services; and
(2) "distinctive quality" means the mark is inherently
distinctive or has acquired distinctiveness, and the mark is
well known or famous.
Presented to the governor April 18, 1994
Signed by the governor April 20, 1994, 1:55 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes