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 is called trademark dilution?
Trademark dilution is
a trademark law concept giving the owner of a famous or well-known trademark power to forbid others from using the mark in a way that would lessen its uniqueness
. To confuse the people, an unauthorised user makes similar marks of the famous trademarks.
Does trademark dilution require a 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
.
What is a famous mark?
A famous or well-known mark is
a trademark
that, in view of its widespread reputation or recognition, may enjoy broader protection than an ordinary mark.
What is trademark dilution and give an example?
For example, a
famous trademark used by one company to refer to hair care products
might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks.
How do you prove a trademark is famous?
- The duration, extent, and geographic reach of advertising and publicity of the mark, by either plaintiff or third parties.
- The amount, volume, and geographic extent of sales of goods or services offered under the mark.
What are the two types of trademark dilution?
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 trademark dilution necessary?
Trademark dilution
protects marks that are so well-known
, highly reputable, or famous that jurisdictions have decided they deserve protection whether or not their unauthorized use is likely to cause consumer confusion.
What is the difference between trademark infringement and dilution?
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.
What qualifies as trademark infringement?
Trademark infringement is
the unauthorized use of a trademark or service mark on or in connection with goods and/or services
in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What is Coke trademark?
The Coca-Cola Corp owns
the trademark to the name Coca-Cola
, as well as the trademark on the bottle shape, and the graphic representation of their name. These are all things that help distinguish them from other cola brands and define their individual product. Coca-Cola also owns the patent on their formula.
What are examples of trademark?
- Brand names like Apple, McDonald’s, and Dolce & Gabbana.
- Product names like iPod and Big Mac.
- Company logos like the golden arches at McDonald’s and NBC’s peacock logo.
- Slogans like Capital One’s “What’s in your wallet?” and McDonald’s “I’m lovin’ it”
What are the world’s most famous trademarks?
- Google.
- Walmart.
- Vodafone.
- Rolex.
- Clorox.
- Kodak.
- Exxon.
- Victoria Secret.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed
every ten years
. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How one can show the dilution of a trademark?
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
. “Blurring” and “tarnishment” are the two types of harm that arise from dilution.
How do you avoid a diluted trademark?
- Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. …
- Enlist help. …
- Consider general liability insurance. …
- Register your trademark.
