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Simple English definitions for legal terms

dilution

Read a random definition: Twenty-second Amendment

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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starfishies
16:25
@Mostlylegal: yep i got 4/1 i applied early dec (it was my last app) and @Jupiter i really have an overall positive view of the school if you ever need positive confirmation for them
Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
MrThickRopes
19:35
bro got a 2.9 bro is NOT the thinker
starfishies
19:37
thats not nice
19:39
im dead😂
19:40
MrThickRopes
starfishies
19:40
washu would want u ;-;
19:41
Thank u!
[] c0bra1
20:40
is nyu doing tuesdays instead of wednesdays now
MrThickRopes
23:12
fuuuckkkk
MrThickRopes
23:12
mr thick. ropes is . wasteddddd
Just wnna say im proud of everyone who applied to schools this year! You’re amazing!!
Hi guys quick question
Has anyone applied to Jacksonville ?
Jacobdoeshisbest
1:24
Hi
whats up yall i have noone to tell that I just got a 169 on a practice test and I am so proud of myself. that's all
@DirtyQuackYak: Congrats but that's not good enough. 173 is the new 170 so do the math. Buckle up.
@CheerfulSpikyVole: Nah, no one would apply to that school that hangs around here.
@MrThickRopes: sounds like the next Dkk.
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