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LSDefine

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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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