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LSDefine

Simple English definitions for legal terms

dilution (trademark)

Read a random definition: NOV (non obstante veredicto)

A quick definition of dilution (trademark):

Dilution is when someone uses a famous brand name or logo in a way that confuses people or makes the famous brand less special. For example, if a company put a white apple logo on their appliances, people might think Apple made those appliances. This can harm the reputation of the famous brand. In the United States, there is a law called the Federal Trademark Dilution Act that protects famous brands from this kind of harm. If someone uses a famous brand name or logo in a way that is likely to cause confusion or harm the brand's reputation, the owner of the brand can ask them to stop.

A more thorough explanation:

In law, dilution refers to the use of a trademark or trade name in commerce that is similar enough to a famous mark that it confuses or diminishes the public's perception of the famous mark. This can happen in two ways:

  • Dilution by blurring: This occurs when the distinctiveness of a famous mark is impaired by association with another similar mark or trade name.
  • Dilution by tarnishment: This occurs when the reputation of a famous mark is harmed through association with another similar mark or trade name.

For example, if an appliance company puts white apple logos on their appliances, it could dilute the trademark of Apple by confusing consumers as to whether Apple began creating completely new items. This would be an example of dilution by blurring.

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 and to prevent dilution of the distinctive quality of such marks.

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.

For example, if a new company started using a logo that was similar to the Nike swoosh, Nike could claim dilution because their mark was famous before the new company started using a similar logo.

The factors to be considered in determining whether a mark or trade name is likely to cause dilution by blurring include:

  • The degree of similarity between the mark or trade name and the famous mark
  • The degree of the famous mark's inherent or acquired distinctiveness
  • The extent to which the owner of the famous mark is engaged in substantially exclusive use of the mark
  • The degree of recognition of the famous mark
  • Whether the user of the mark or trade name intended to create an association with the famous mark
  • Any actual association between the mark or trade name and the famous 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.

For example, if a comedian made a joke about a famous brand of soda, they could use the brand name in their joke without being accused of dilution because it falls under fair use.

dilution | diminished capacity

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RoaldDahl
16:05
dodged the mich r wave what does this mean
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?
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