<P> The new act defines the term "dilution" as "the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of </P> <Dl> <Dd> (1) competition between the owner of the famous mark and other parties, or </Dd> <Dd> (2) likelihood of confusion, mistake, or deception ." </Dd> </Dl> <Dd> (1) competition between the owner of the famous mark and other parties, or </Dd> <Dd> (2) likelihood of confusion, mistake, or deception ." </Dd>

Which of the following is not a requirement of the federal dilution act