Legal Definitions - dilution

In legal terms, dilution refers to the weakening of a famous trademark's distinctiveness or reputation by another party's use of a similar mark, even if consumers are not confused about the source of goods or services.

Unlike traditional trademark infringement, which focuses on preventing consumer confusion, dilution law protects the unique identity and positive associations of truly famous brands. The core idea is to prevent others from gradually eroding the power and value of a well-known mark, either by making it seem less unique or by associating it with something negative.

There are two primary types of trademark dilution:

• Dilution by Blurring: This occurs when the distinctiveness of a famous mark is impaired because consumers begin to associate it with other, similar marks used on unrelated products or services. The famous mark becomes less unique or special in the public's mind.
• Dilution by Tarnishment: This happens when the reputation of a famous mark is harmed or its positive image is damaged through association with another similar mark, often because the second mark is used in an unsavory, shoddy, or inappropriate context.

For a claim of dilution to succeed, the trademark must be genuinely famous – meaning it is widely recognized by the general consuming public – *before* the allegedly diluting use began.

Examples of Dilution:

• Example 1 (Dilution by Blurring): Imagine a new company launches a line of luxury pet accessories, including collars and leashes, under the brand name "ROLEX Paw Prints," using a font and crown logo strikingly similar to the famous Rolex watch brand. Even though no one would likely believe that Rolex, the watchmaker, has started making pet products, the constant exposure to "ROLEX Paw Prints" could subtly diminish the unique association of the Rolex name with high-end timepieces. The distinctiveness of the famous Rolex mark, known for its exclusivity and precision, might become "blurred" by its association with an entirely different, albeit luxury, product category.

• Example 2 (Dilution by Tarnishment): Consider a well-known children's entertainment company, "Disney," famous for its family-friendly movies and theme parks. If a new adult-themed nightclub were to open under the name "Dizzy Land" and use cartoon characters that are crude parodies of Disney's iconic figures, this could constitute dilution by tarnishment. The association with an adult venue and potentially inappropriate content could damage the wholesome, family-oriented reputation of the actual Disney brand, even if consumers are fully aware it's not affiliated with the original company.

• Example 3 (Dilution by Blurring): Suppose a small, local plumbing service starts operating under the name "Coca-Cola Plumbing Solutions," using a red and white color scheme and a script font reminiscent of the iconic Coca-Cola beverage brand. While no consumer would confuse a plumbing service with a soft drink manufacturer, the repeated exposure to the Coca-Cola name and visual style in an unrelated, everyday service context could gradually weaken the unique and powerful association of the Coca-Cola mark solely with its famous beverage products. The distinctiveness of the beverage brand's identity could be diluted by this unrelated commercial use.