Trademark Dilution is a form of trademark infringement in which a trademark is weakened or lessened in its ability to uniquely identify the goods and services of a particular source. This occurs when a third party uses the same or a similar mark on its own goods or services. The trademark owner experiences a devaluation of the worth of their trademark because it is no longer seen as a unique identifier of its products or services. Types of Trademark Dilution include blurring, garnishment, and generic. Blurring occurs when a trademark is used on similar goods or services, causing the trademark to be seen as less distinctive and unique. Garnishment occurs when a trademark is used in a negative or inappropriate context, which can lead to a lessening of the trademark's value. Generic occurs when a trademark becomes so commonly associated with a product or service that it loses its ability to distinguish the source of the product or service.
Trademark Dilution
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FAQ
In order to prevent your trademark from dilution in USA, you must prove that the original mark has been diluted. A famous trademark owner is qualified to an injunction against the third party using a mark or trade name that can cause dilution of the famous mark.
Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that use of a "famous" mark by a third party causes the dilution of the "distinctive quality" of the mark.
To establish a claim of dilution, the mark must have become famous before use of the allegedly diluting mark or trade name began.
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.
Trademark dilution occurs when a third party 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. ?Blurring? and ?tarnishment? are the two types of harm that arise from dilution.
The Federal Trademark Dilution Act of 1995 states the owner of a trademark can take legal action against anyone who purposefully blurs or tarnishes a trademark.
The Federal Trademark Dilution Act of 1995 ( Pub. L. 104?98 (text) (PDF)) is a United States federal law which protects famous trademarks from uses that dilute their distinctiveness, even in the absence of any likelihood of confusion or competition. It went into effect on January 16, 1996.