Table of Contents
- 1 What happens when a trademark is diluted?
- 2 Can you sue for trademark dilution?
- 3 What is trademark blurring?
- 4 Under what circumstances does the dilution of a trademark occur?
- 5 How does infringement differ from dilution?
- 6 What would an owner of a trademark have to show do you prove a claim of trademark dilution?
What happens when a trademark is diluted?
Dilution is comprised of two principal harms: blurring and tarnishment. Dilution by blurring occurs when the distinctiveness of a famous mark is impaired by association with another similar mark or trade name.
Is dilution a trademark infringement?
Dilution is therefore different from trademark infringement, because trademark infringement always involves a probability of customer confusion, whereas dilution can occur even if customers wouldn’t be misled.
Can you sue for trademark dilution?
In addition to claiming likelihood of confusion, a trademark owner may claim trademark “dilution,” asserting that it owns a famous mark and the use of your mark diminishes the strength or value of the trademark owner’s mark by “blurring” the mark’s distinctiveness or “tarnishing” the mark’s image by connecting it to …
How do you prove a trademark is diluted?
Proving dilution of a mark
- “Blurring”, by which the connection in consumers’ minds between the plaintiff’s mark and the plaintiff’s goods or services is weakened; or.
- “Tarnishment”, which means that the defendant’s use is unsavory or unwholesome, or the mark is used in connection with inferior products.
What is trademark blurring?
Blurring—Blurring is the most common type of dilution. It occurs when unauthorized use of a famous mark weakens or impairs the distinctiveness of the mark.
What do you understand from trademark dilution elucidate with a case law?
Dilution of a Trademark is a surface of Trademark infringement, where the owner of a well-known trademark has the power to prevent others from using their mark on the ground that it kills their uniqueness or lessen their reputation. Thus, the doctrine of dilution comes directly in contact with consumers.
Under what circumstances does the dilution of a trademark occur?
Trademark dilution occurs when a third part uses a mark or trade name in commerce that is sufficiently similar to a famous mark such that it harms consumer perception of the famous mark.
What does the Federal Trademark Dilution Act of 1995 require?
Federal Trademark Dilution Act of 1995 – Amends the Trademark Act of 1946 to entitle the owner of a famous mark to an injunction against, and relief for, another person’s commercial use of a mark or trade name if such use begins after the mark has become famous and causes dilution of its distinctive quality.
How does infringement differ from dilution?
If someone uses your trademark without your permission, it is called trademark infringement. If a trademark becomes famous, like Nike or Xerox, the owner can also sue for trademark “dilution.” Dilution happens when a trademark’s distinctive quality is blurred or tarnished by another mark.
Does trademark dilution require a famous mark?
The Federal Trademark Dilution Act of 1995 preempts the state laws. Under the Federal Trademark Dilution Act of 1995 (Dilution Act), a trademark owner need not prove a likelihood of confusion in order to protect the mark. Under the Dilution Act, only famous marks are protected against dilution.
What would an owner of a trademark have to show do you prove a claim of trademark dilution?
To state a claim for trademark dilution, a plaintiff in the Ninth Circuit must allege that (1) the plaintiff’s mark is famous and distinctive; (2) the defendant is using the mark in commerce; (3) the defendant’s use began after the mark became famous; and (4) the defendant’s use of the mark is likely to cause dilution …