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Simple English definitions for legal terms

dilution (trademark)

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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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Dkk
10:07
Man, maybe I will eat another ghost pepper today.
BulbasaurNoLikeCardio
10:07
Like I have my whole body tattooed and dry lined litterally everywhere on my body to just see how it feels
i was so terrified to get my lip done and it was completely fine lmao
but i my industrial was not fun lol
Dkk
10:07
@jackfrost11770: yo you excited for arcane tonight! I haven't slept more than 4 hours in like 3 days.
triplethread
10:08
im back guys my break lasted 24 hours
Dkk
10:08
I feel my strength returning after being sick.
i'm gonna watch it tmrw!! and yes not ready lol omg i can't imagine it'll be a happy ending
triplethread
10:08
my nips are pierced
snow
10:08
thread we hoping kent today lmaooo
triplethread
10:08
YESSS
babycat
10:08
I have a conch that took forever to heal until i switched it to a hoop
snow
10:08
like a sea shell?
triplethread
10:08
Lips scare me more than nips
babycat
10:08
There’s a part of your ear called the conch, bc it’s shaped like that
triple yeah same but it fr didn't hurt at at all it was kinda underwhelming lol
Dkk
10:09
@jackfrost11770: I am gunna make a wild prediction that ekko shows up and uses his chrono shift power to reverse time. Btw, you probably don't know this but Vi - 6, Vander - 5, Jinx - 10, Ekko - 12. Silco -2.
but it's def the visual of having a needle go through your lip that is the scariest part but it was completely fine
BulbasaurNoLikeCardio
10:09
I had a friend who had like 6 piercings in each ear, I was like that has to be loud
no dkk i think the same!!!!
BulbasaurNoLikeCardio
10:09
They would click clack
babycat
10:09
I almost did nipple piercing on a dare once but I would be sad if my nipples looked different
triplethread
10:09
I didnt bleed when i got mine done and they never hurt. I think my body is just really built for piercings because i've never had any rejections its that african tribal blood
Dkk
10:09
@triplethread: did you soak em in like salt water for a year.
triplethread
10:10
nope
BulbasaurNoLikeCardio
10:10
@babycat: they are too cute for piercings? My wife plans to get them done after breast feeding and Id do it to see how it feels and laugh
bulb i have like 6 piercings in each ear but they're all apart from each other so they do not clack lol
triplethread
10:10
@babycat: I only have 1 pierced for that reason
Dkk
10:10
Lmfao, that is risky I hear. @triple
shaquilleoatmeal
10:10
Happy Friday hoes
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