|
|
|
What is trademark dilution?
Trademark dilution is lessening of the capacity of a famous mark to identify and distinguish products. Unlike trademark infringement, it does not require a likelihood of confusion or competition between the parties. Dilution is reserved for famous trademarks and includes two types of claims. Blurring is when the use of the mark whittles away the strong association consumers have between a famous mark and the plaintiff's goods or services (e.g. Kodak bicycles). Tarnishment occurs when the mark's use places it in a bad light or context, out of keeping with plaintiff's high quality image (e.g. Candyland for an X-rated Web site).
|
|
