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What is diluting a trademark?
One may dilute a trademark by “whittling away” or
“blurring” the mark through unauthorized use of the mark on a dissimilar
product, or by “tarnishment”, which is caused by linking a poor quality
product with that of the owners product or service.
Effective January 1996, Federal Law protects a
registered trademark from “dilution”. The term dilution is defined as
the lessening of the capacity of a famous mark to identify and
distinguish goods or services, regardless of the presence or absence of
competition between the owner and the offender or the likelihood of
confusion, mistake, or deception. Thus, this law protects famous marks
from uses that dilute their distinctive nature, even if the offender is
not a competitor or causing confusion by his use of the mark.
Currently, injunctive relief is the only available
remedy for the trademark owner in a dilution suit. However, if the
offender willfully intended to take advantage of the trademark owner’s
reputation or cause dilution of the mark, then the defendant’s profits,
damages, attorney fees, and destruction of the infringing goods may be
available as well.
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