WebDilution happens when a trademark’s distinctive quality is blurred or tarnished by another mark. There does not have to be any likelihood of confusion. The trademark is tarnished when a similar mark is placed on an inferior product of lesser quality, even if it is a totally different product. If you sue someone for infringing on or diluting ... WebIn these cases, consumers are not confused as to the source of the mark. The original trademark, however, is lessened. For example, if a car company decided to sell cars under the trademark McDonald’s, the link and image between the word “McDonald’s” and fast food is weakened. Besides blurring, dilution can be based on tarnishment ...
India: An Overview On The Concept Of Dilution Of Trademarks - Mondaq
WebSep 6, 2012 · There are two forms of trademark dilution: Dilution by Blurring and Dilution by Tarnishment. Dilution by Blurring Dilution by Blurring applies where the defendant’s use of the mark would diminish … WebHere are a few examples of trademark dilution cases that were decided by the federal courts: Moseley v. V Secret Catalogue, Inc. (2003): This case was decided by the Supreme Court of the United States and dealt with the issue of dilution under the Federal Trademark Dilution Act of 1995. The plaintiff, Victoria’s Secret, claimed that the ... newman dream of gerontius
The Still Blurry Standards for Proving Trademark …
Web10 minutes ago · Take non-fungible tokens (NFTs), for example. These digital "investments" may seem very attractive to create or own, but given the lack of regulation and control, an NFT could very well put the creator or owner at risk of infringing another person's IPR. ... Trademark Dilution and Cybersquatting, ... Juventus hence filed trademark … WebOct 30, 2024 · For example, Kodak brand clothing would be an example of trademark dilution. While this example likely won't cause consumer confusion, this use will dilute the mark's distinctive quality. Tarnishment refers to portraying the mark in a negative light. Tarnishment usually occurs when the mark gets associated with unseemly or inferior … WebJun 20, 2024 · What are some examples of trademark dilution? Real-life example: Due to the long-term neglectedness of mark names such as Aspirin, Xerox, and Kerosene; the marks that were once strongly valued have become generic today. This dilution happened due to a lack of vigilance on mark’s name. newman dr clarksville tn