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LSDefine

Simple English definitions for legal terms

dilution

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A quick definition of dilution:

Dilution is when someone uses a name or symbol that is very similar to a famous brand, which confuses people and makes them think the famous brand is associated with something else. This can harm the reputation of the famous brand in two ways: by making it less unique (called "blurring") or by making it look bad (called "tarnishment"). In the United States, there is a law called the Federal Trademark Dilution Act that protects famous brands from dilution. If someone uses a name or symbol that is likely to cause dilution, the owner of the famous brand can ask them to stop, even if there is no actual confusion or harm. However, there are some exceptions, like if the name or symbol is used for news or commentary, or if it is used in a way that doesn't make money.

A more thorough explanation:

Dilution is a legal term that refers to the use of a trademark or trade name in a way that confuses or diminishes the public's perception of a famous mark. This can happen when a company uses a mark or trade name that is similar to a famous mark, causing consumers to be confused about the source of the product or service.

An example of dilution is when an appliance company puts white apple logos on their appliances, confusing consumers as to whether Apple began creating completely new items. This can harm the reputation of the Apple brand and diminish its distinctiveness.

Dilution can take two forms: 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. Dilution by tarnishment occurs when the reputation of a famous mark is harmed through association with another similar mark or trade name.

Many countries around the world provide dilution protection in some form as a part of trademark law. In the United States, the Federal Trademark Dilution Act (FTDA) creates a federal cause of action to protect famous marks from unauthorized use. The owner of a famous mark is entitled to an injunction against another person who uses a mark or trade name in commerce that is likely to cause dilution of the famous mark regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.

To establish a claim of dilution, the mark must have become famous before use of the allegedly diluting mark or trade name began. Factors for determining whether a mark possesses the necessary degree of recognition include: the duration, extent, and geographic reach of advertising and publicity of the mark; the amount, volume, and geographic extent of sales of goods or services offered under the mark; and the extent of actual recognition of the mark.

Certain uses of famous marks, such as fair use, are not actionable as dilution. Fair use includes use of the mark other than as a designation of source for the goods or services in connection with: advertising or promotions that permit consumers to compare goods or services; and identifying and parodying, criticizing, or commenting on the owner of the mark or the goods or services connected with the mark. Also not actionable as dilution is use of a famous mark in any form of news commenting or news reporting, and any non-commercial use of the mark.

diligence | dilution (trademark)

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10:01
good morning y'all
Morning
10:37
Gecko, I feel pretty good. Two of the RC passages had really tough inference questions -- hoping I narrowed down my answer choices correctly
10:38
Very happy with LR other than having to guess on a couple questions cuz of time
10:42
i have a question about my personal statement. in my activism for the hospitality workers' union, i organized and spoke up in favor of stronger regulations on airbnb because the unregulated spread of airbnb throughout LA was inflating housing costs for workers and threatening their job security. do you think it's too divisive to mention regulating airbnb? idk
Nostradumbass
10:44
I wrote mine about how all activists should be consolidated into a large smelting pot and refined down to a viscous goo
Nostradumbass
10:45
Expecting a lot of rejections though
11:07
I'm sure you'll get a full ride to a few schools :P
11:11
The impression I get is most schools try not to judge based on the political implications of what you write about. They probably care more that you saw a problem and tried to fix it. That seems like a great thing to write a PS about @chowie
11:18
Besides, if a school didn’t let you in for trying to fix a problem you saw in your community, that doesn’t say great things about your school’s culture (assuming the thing you did showed good common sense judgment ofc)
11:19
That school’s* culture
11:23
Thanks Howl you're right :D I def talked about solving problems in my PS
12:03
@HowlEngineer: what's your dream school
MildChiller
12:08
"Have you applied for admission to [school] in a prior year" I applied in Oct. of the 23-24 cycle, should I put 23 or 24 as the year I applied?
MildChiller
12:09
Bcuz 2023 is when I technically applied but I applied for admissions in 2024
12:14
2024 cuz that's when you would've been admitted
I agree with Howl
12:19
Gecko what's ur dream school
Hard to say. I'm pretty firmly committed to the philly area so probably temple or villanova
Also relatively debt averse so I'd have to get a good scholarship from BC or Fordham to want to go but that's not very likely for me
Any advice? lol
[] baddestbunny
12:25
what’s a good scholarship for you? what would make BC or Fordham worth it?
12:25
Hmmmm let me think
[] baddestbunny
12:25
fordham’s max aid they give is 45k per year
Bunny I can possibly get a 75%+ scholarship from villanova or temple, and I'd be moving back in with my parents if I went there so I'd have near-zero COL. It'd be really hard to beat that
I would prefer BC over Fordham just because I like boston more, but I'm expecting a WL there tbh
I would maybe consider BC with $ but I don't know how to decide if a better biglaw chance is worth the COL + higher tuition
12:50
How do I know if my status checkers are properly linked
12:59
@ChowieBean: right now, Michigan, but there are several that come close. How about you?
13:05
@Law01: I haven't gotten the status checkers to work at all. When I sent an email to the LSData folks the other week, they said they were working on fixing them
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