The ECJ considered what elements are required to show that a later mark was causing dilution to an earlier mark.
The storm and passing of time would have caused its dissipation and dilution.
Among close relatives of the Mallard this hybridisation can cause genetic dilution, which is contributing to the decline of rarer species of a duck.
The new law revises the FTDA so that the plaintiff only needs to show the defendant's mark is likely to cause dilution.
Walter Winnitzki, an analyst with Hambrecht & Quist, figures that buying Earthlink would cause substantial dilution to Gateway's earnings, something its management is loath to do.
When new shares are created and then sold by the company, the number of shares outstanding increases and this causes dilution of earnings on a per share basis.
"Guess what - that causes dilution," said Mr. Brown, the early critic of First Union.
However, Congress amended the act so that it expressly provides protection against a use of a mark that is "likely" to cause dilution.
Infiltration/Inflow causes dilution in sanitary sewers.
In other words, this financing strategy could cause substantial dilution for shareholders who are already suffering.