What is trademark dilution

Certain uses of famous marks, such as fair use, are not actionable as dilution. Fair use includes use of the mark other than as a designation of source for the goods or services in connection with: advertising or promotions that permit consumers to compare goods or services; and identifying and parodying, criticizing, or commenting on the owner of the mark or the goods or services connected with the mark.

Also not actionable as dilution is use of a famous mark in any form of news commenting or news reporting, and any non-commercial use of the mark. Please help us improve our site! Marks protected against dilution Under the terms of the Federal Trademark Dilution Act, only "famous" marks are protected against dilution. Under the terms of the Act, courts may look at the following factors in determining whether a mark is famous: The duration and extent of use of the mark; The duration and extent of advertising for the mark; The geographic area in which the mark has been used; The degree of distinctiveness of the mark either through the nature of the mark itself, or through acquired distinctiveness ; The degree of recognition of the mark; The method by which the product was distributed and marketed the "channels of trade" ; The use of the mark by third parties; and Whether the mark was federally registered.

Proving dilution of a mark Under the Dilution Act, famous marks are protected against the dilution of the distinctive nature of the mark. Dilution causes of action are normally brought when the defendant's use of the mark causes either "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.

Remedies In most cases, the only remedy available under the Dilution Act is an injunction against further dilution. The High Court, in this case, granted the injunction to the plaintiff and stated that copying of mark such as Mercedes-Benz by anyone would result in the perversion of the trademark law in India.

This is the first case In India where the court restrained the defendant from using the plaintiff well-known trademark on the sole ground to avoid confusion or deception into a picture. This Act gives exclusive rights to seller or producer to register a trademark and to restrain his competitions from using that trademark.

The Lanham Trademark Act prohibits a number of activities including trademark infringement, trademark dilution, and false advertising. This Act is the primary federal trademark statute of law in the United States.

A trademark infringement is an unauthorized use or reproduction of a trademark that creates the likelihood of confusion in the mind of a consumer regarding the source of goods or services. The products served two substantially different markets. However, the court after applying the tests mentioned above stated that the use of sleekcraft was likely to cause confusion among consumers. The Doctrine of Dilution in the United Kingdom:. This includes a likelihood of association that provides that if an identical or similar sign is used in conjunction with identical or similar goods for which a mark is registered then there is infringement if there is a likelihood of public confusion.

In cases, the court applies the three-part test. First, consider the identity similarity of the mark with the sign; second, analyze the concept of similarity between the respective goods and services; and third, determine whether there was a likelihood of confusion because of that similarity. In Decon Laboratories Ltd. Section 10 3 of the Act provides that a registered trademark is infringed in the UK if a similar or identical mark is used which is too similar to those which are already registered, where the trade mark has a reputation and the use of the sign takes advantage.

This section is actually focusing on dilution of the trademark. The Doctrine of dilution is the power given to the well-known trademark owner. This doctrine will help in stopping the fraudulent activities that happen over time and to maintain the reputation of the companies.

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Grow Your Legal Practice. Meet the Editors. What is Trademark Dilution? In other words, dilution diminishes the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of: competition between the owner of the famous mark and other parties, or likelihood of confusion, mistake, or deception 15 United States Code, Section And finally, the TDRA allows the owner of a famous mark to seek additional remedies in an action if the person against whom the injunction is sought: first used the mark or trade name in commerce after the date of enactment of this act; willfully intended to trade on the recognition of the famous mark; or willfully intended to harm the reputation of the famous mark.

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