The Stouffer Corporation appeals the district court’s 1 grant of summary judgment declaring that Luigino’s, Inc.’s use of the mark “Michelina’s Lean ’N Tasty” does not infringe or dilute Stouffer’s “Lean Cuisine” mark. We affirm.
I.
Since 1978, Stouffer has marketed a line of low-fat frozen entrees under the registered trademark “Lean Cuisine.” The line has been successful, allowing Lean Cuisine to maintain, in recent years, the highest or second-highest market share in low-fat frozen entrees. Lean Cuisine’s primary competitors include Healthy Choice, Weight Watchers, Budget Gourmet Light, and Michelina’s Lean ’N Tasty.
In 1995, spurred by the declining demand for its high-fat frozen entrees, marketed sim *829 ply as “Michelina’s,” Luigino’s decided to introduce a line of low-fat frozen entrees that it told customers “might be compared with Lean Cuisine entrees.” For a product name, Luigino’s considered “Lean ’N Tasty,” “Light ’N Tasty,” and “Michelina’s Light.” Notwithstanding a consultant’s report indicating that the name was the customers’ least popular choice, Luigino Paulueci, chairman of Luigino’s, selected Lean ’N Tasty and consulted outside trademark counsel about registering the name. Counsel opined that Luigino’s could register “Michelina’s Lean ’N Tasty,” but not “Lean ’N Tasty.” Luigino’s so named its new line of frozen entrees and introduced it in 1996.
Shortly after the line was introduced, Stouffer requested that Luigino’s cease using the Michelina’s Lean ’N Tasty mark. Luigi-no’s brought this action against Stouffer for a declaratory judgment that its mark did not infringe or dilute the Lean Cuisine trademark. Stouffer counterclaimed, arguing the opposite under the Lanham Act, 15 U.S.C. §§ 1125(a)(1) and 1125(c)(1).
In addition to assessing the similarity between the marks, the district court considered the trade dress of the Lean Cuisine and Michelina’s Lean ’N Tasty packages. Lean Cuisine is packaged in white boxes, with “Lean Cuisine” printed in red lower-case lettering across the top of the front panel. In the upper left-hand corner, the word “Stouf-fer’s” appears in white print on a black oval background with a gold border; this is superimposed on a red diagonal ribbon, which also has a gold border. Michelina’s Lean ’N Tasty, on the other hand, comes in white boxes with a blue background that covers the upper portion of the front panel. “Micheli-na’s” appears in black scripted lettering in a white rectangular box at the top center of the front panel, and “Lean ’N Tasty” is printed just below in white capital letters. A photograph of the prepared entree appears on the front of both packages.
The district court also considered the depositions of two marketing experts. John A. Bunge, Luigino’s marketing research expert, opined that a pilot survey established neither trademark infringement nor trademark dilution. The survey investigated the likelihood of confusion about the source, origin, or association of Lean ’N Tasty products by requiring respondents to identify which of twenty-two frozen-food products, made by seven different producers, were offered by the same producer. Respondents who thought that none of the products were offered by the same producer were asked if they thought any of the producers were associated in any way. Bunge determined that none of the 106 respondents believed either that Michelina’s Lean ’N Tasty and Lean Cuisine were offered by the same producer, or that Micheli-na’s and Stouffer were associated in any way.
By contrast, Jerry Wind, Stouffer’s marketing and consumer research expert, declared Bunge’s survey biased and invalid. Wind criticized the survey, asserting that it “encourag[ed] a superficially obvious grouping of the commonly branded products,” that it utilized an unreliable sample size and verification procedure, and that it garnered unreliable results, since nearly half of the respondents demonstrated their lack of understanding by answering either “no” or “don’t know” to the survey questions. Despite these criticisms, however, Wind offered no opinion about the likelihood of confusion or possible association between Lean Cuisine and Michelina’s Lean ’N Tasty. Additionally, although Wind advocated conducting a competent survey, Stouffer did not retain either Wind or another expert to do so. With respect to the trademark dilution issue, Wind opined that Michelina’s Lean ’N Tasty diminishes Lean Cuisine’s positioning as the only frozen dinner offered under a name that connotes “dietary and tasteful.”
The district court also considered the testimony of Janet Weimann, the marketing director for Lean Cuisine since May of 1995. Weimann testified that Lean Cuisine is a successful brand. In 1995 gross sales were $409 million; and, in 1996, the year in which Michelina’s Lean. 'N Tasty appeared on the market, gross sales for Lean Cuisine were $434 million, an increase that Weimann agreed not only was “on target” but also produced an on-target profit for the year. Weimann further testified that she was unaware of any negative impact by Michelina’s Lean ’N Tasty: she stated that she had not *830 received reports of actual confusion between the two products; moreover, neither she nor Stouffer could identify any lost or displaced sales, or lost customers, food brokers, or grocers, attributable to Michelina’s Lean ’N Tasty.
II.
We review the district court’s grant of summary judgment de novo.
Insty*Bit, Inc. v. Poly-Tech Indus., Inc.,
A.
The first issue is whether Stouffer has presented sufficient evidence to raise a genuine issue of material fact on its trademark infringement claim. Trademark infringement occurs when the use of a mark is likely to cause confusion about the affiliation, connection, or association of one person with another person. 15 U.S.C. § 1125(a)(1). To determine whether there is a likelihood of confusion, we must consider six factors, none of which alone is dispositive; (1) the strength of the owner’s mark; (2) the similarity of the owner’s mark and the alleged infringer’s mark; (3) the degree of competition between the products; (4) the alleged infringer’s intent to “pass off’ its goods as the trademark owner’s; (5) incidents of actual confusion; and, (6) the type of product, its cost, and conditions of purchase.
Co-Rect Prods., Inc. v. Marvy! Adver. Photography, Inc.,
In this case, there is no dispute that the Lean Cuisine mark is strong, that Lean Cuisine and Michelina’s Lean ’N Tasty are in direct competition, and that Stouffer has presented no evidence of actual consumer confusion. The parties dispute the similarity of the marks, predatory intent, and the implications of the type of product and conditions of purchase on the likelihood of confusion. We address each of these factors separately.
Stouffer argues that Lean Cuisine and Lean ’N Tasty are confusingly similar because they both mean “dietary but tasty.” The use of identical dominant words does not automatically mean that two marks are similar, however.
General Mills, Inc. v. Kellogg Co.,
With the exception of the word “lean,” which is generally descriptive of food and not registerable as a trademark, the two marks look and sound different. Webster’s Third New International Dictionary (1986) defines “cuisine” as “manner of preparing food” or “style of cooking,” and defines “tasty” as “pleasing to the taste” or “savory.” Additionally, “cuisine” and “tasty” are not so alike in form, spelling, sound, and meaning that when used on identical goods, an ordinary consumer is likely to be confused or misled
*831
as to the difference between them.
Cf. Beer Nuts, Inc. v. Clover Club Foods Co.,
The trade dress of the two packages is also visually distinct. The use of different colors and typefaces, as well as the prominent display of the house marks convey perceptible distinctions between the products.
See, e.g., Conopco, Inc. v. May Dep’t Stores Co.,
Given the additional lack of evidence of actual consumer confusion, Stouffer fails to raise a genuine issue of material fact regarding whether Lean Cuisine and Michelina’s Lean ’N Tasty are confusingly similar.
Stouffer argues that Luigino’s intentionally adopted a similar mark to trade on Stouffer’s goodwill. Stouffer relies on the fact that Luigino Paulucci rejected a consultant’s advice that the name “Lean ’N Tasty” was not a wise choice. Stouffer also points to Pauluc-ci’s description of Lean ’N Tasty prior to its introduction on the market as low-fat entrees that “might be compared with Lean Cuisine entrees.”
Despite the above contentions, Stouffer has presented no evidence that Paulucci wished to capitalize on Lean Cuisine’s strong trademark. Paulucci explained that he chose the name “Lean ’N Tasty” for many reasons: because use of the word “light” would require compliance with too many regulations; because he thought the word “low-fat” was overused; and because he did not agree with the consultant that the word “lean” is associated only with meat. Moreover, Paulucci’s reference to the comparable Lean Cuisine entrees evidences only an intent to compete with Lean Cuisine, and not an intent to infringe Stouffer’s trademark. “Knowledge of another’s product and an intent to compete with that product is not ... equivalent to an intent by a new entrant to a market to mislead and to cause consumer confusion.”
General Mills,
Stouffer also argues that the conditions of purchase increase the likelihood of consumer confusion. In considering this factor, we must stand “in the shoes of ‘the ordinary purchaser, buying under the normally prevalent conditions of the market and giving the attention such purchasers usually give in buying that class of goods.’ ”
Id.
(quoting
Scott v. Mego Int'l, Inc.,
Additionally, both parties display their low-fat products in the same freezer section as their regular products. A former marketing manager for Lean Cuisine testified that manufacturers use this strategy to create the largest possible display sections and to encourage consumers to purchase their regular and low-fat brands. See Dep. of Joanne Sax-er at 63-65, Appellee’s Appx. at 11-13. These marketing techniques, combined with the trade dress distinctions discussed above, enable consumers to find each party’s respective products together and to distinguish between the products. Stouffer has not presented any evidence of actual confusion to the contrary. Accordingly, we determine that Stouffer has failed to raise a genuine issue of material fact with respect to whether the conditions of purchase create a likelihood of consumer confusion. ■
Stouffer’s evidence shows only that Lean Cuisine and Miehelina’s Lean ’N Tasty compete and that Lean Cuisine remains the market leader of low-fat frozen entrees. No reasonable factfinder could conclude that there is a likelihood of confusion between the two products. Accordingly, we affirm the summary judgment on Stouffer’s trademark infringement claim.
B.
We must also determine whether Stouffer has presented sufficient evidence to raise a genuine issue of material fact on its claim for trademark dilution by blurring. Dilution is separate and distinct from trademark infringement. Infringement depends on a likelihood of consumer confusion over the source of a product, while dilution by blurring concerns “the lessening of the capacity of a famous mark to identify and distinguish goods or services.” 15 U.S.C. § 1127; see also J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition § 24:70, at 24-117-121 (4th ed.1998) (stating that the dilution doctrine provides trademark protection beyond the “likelihood of confusion” test).
Dilution occurs when consumers associate a famous mark that has traditionally identified the mark holder’s goods with a new and different source. McCarthy,
supra,
at 24-117-118. For example, the doctrine would “protect the owner of a mark for automobiles and airplanes from the use by another of a very similar mark for radio tubes.”
Pro-Phy-Lac-Tic Brush Co. v. Jordan Marsh Co.,
To establish a claim for trademark dilution by blurring, Stouffer must show that its Lean Cuisine mark is famous, that Luigi-no’s began using a similar or identical mark after the Lean Cuisine mark became famous, and that Luigino’s mark dilutes the distinctive quality of the Lean Cuisine mark by causing consumers to connect the Lean Cuisine mark with different products. See 15 U.S.C. § 1125(c)(1); McCarthy, supra, at 24-119. Because Luigino’s concedes that Lean Cuisine is a famous mark and that it began using the Michelina’s Lean ’N Tasty mark after Lean Cuisine was famous, we turn to the issues of similarity and dilution.
To support an action for dilution by blurring, “the marks must at least be similar enough that a significant segment of the target group of customers sees the two marks as essentially the same.” McCarthy,
supra,
§ 24:90.1, at 24-145.
See also Mead Data Cent., Inc. v. Toyota Motor Sales, U.S.A., Inc.,
Nor has Stouffer shown dilution. Dilution occurs when consumers associate a famous mark with a new product. Normally, the doctrine applies in cases where “similar marks are used on dissimilar goods.”
Pro-Phy-Lac-Tic Brush,
The judgment is affirmed.
Notes
. The Honorable John R. Tunheim, United States District Judge for the District of Minnesota.
