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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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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