Legal Definitions - blurring

In trademark law, blurring refers to a specific type of harm that can occur to a very well-known, or "famous," trademark. It happens when someone uses a famous trademark without permission on products or services that are completely different from those offered by the original trademark owner.

The key characteristic of blurring is that it doesn't necessarily confuse consumers about who made the product. Instead, the harm lies in the gradual weakening or "blurring" of the unique association and distinctiveness of the famous mark in the public's mind. Over time, this unauthorized use can diminish the famous mark's ability to instantly call to mind a single source, quality, or set of characteristics, thereby eroding its value and fame, even if consumers know the unauthorized user is not the original brand owner.

Here are some examples to illustrate blurring:

• Luxury Brand on Everyday Items: Imagine a company, without authorization, starts selling a line of inexpensive plastic garden tools branded with the name "Chanel." Consumers would likely not believe that the luxury fashion house Chanel, famous for high-end clothing, accessories, and perfumes, had suddenly ventured into garden tools. However, seeing the prestigious "Chanel" name on such a common, mass-market item could subtly dilute the perception of exclusivity, sophistication, and luxury that the brand typically evokes, making its unique identity less sharp and distinct over time.
• Tech Giant on Unrelated Services: Suppose a small, independent local dry cleaning service decides to call itself "Amazon Cleaners" without any permission from the e-commerce giant. While customers would almost certainly not confuse a local dry cleaner with Amazon.com, the repeated appearance of the "Amazon" name in a completely unrelated, non-technological context could gradually weaken the powerful, singular association of "Amazon" with online retail, cloud computing, and digital services. The mark's ability to instantly conjure its core identity could become less focused.
• Automotive Icon on Food Products: Consider a scenario where a company begins selling a brand of frozen microwaveable burritos under the name "Lamborghini." No one would reasonably believe that the luxury sports car manufacturer Lamborghini had diversified into making convenience food. However, if the "Lamborghini" name were to become commonly associated with frozen burritos, it could dilute the mark's strong, exclusive association with high-performance automotive engineering, speed, and Italian luxury, making it seem less unique and special in the broader marketplace.