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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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manifestmoreadmissions
10:18
for those of you wondering if admissions offices are working today i got an email from an adcomm today responding to something i sent earlier in the week
What does an interview for a transfer student at george mason mean?
trees1234567
12:02
JB was here yesterday dang it!!
LegalUsername
12:05
Are law schools open today or do they also have another day off considering it's sandwiched between July 4th and the weekend?
lawnfire2896
12:57
they're open
is wash u open
14:32
@HangingAboriginalLeopard: my lsat is a 168, but i got the fordham wl this cycle. i applied to it as a safety, so im kinda surprised about the wl
lawnfire2896
14:46
washu is open
amlaw
14:57
vanderbilt clearly is
Why clearly lol
amlaw
15:17
two acceptances today
what !! Crazy
manifestmoreadmissions
15:32
oh congrats to the vandy admits!!!
TacitSplendidShrew
17:08
Hi everybody, I am applying to schools this August. I could use some brief help with optics for my personal statement, as I am a first-gen student in every regard--even at the high school graduate level.
trees1234567
17:17
what help are you looking for!
trees1234567
17:17
happy to give advice if helpful
22:42
Hey Everyone, I am also applying this cycle and have a question about my personal statement. I want to become a lawyer because of a personal trauma I experienced in the past. Is this too sensitive of a topic to mention in a PS? I won't go into detail and only mention it as it relates to my inspiration to be a lawyer.
[] ararara
23:18
Yo! LSD has an AI consultant named Molly to help detect for red flags and trauma dumping in personal statements. You can try it at no charge by signing up for a free trial of LSD+. Think it gives you like two weeks for free or something though so be mindful of how advanced you are in PS drafts. Might want to time it so you have access when it’s most important.
[] ararara
23:20
@darthaifos33: this is just my opinion but I think it’s important to try and keep things positive if you can because it will reflect well on you if you can. I’ve been fortunate to read a lot of PSs as an lsat tutor and I’ve gotta say there is a lot of darkness in the world. It’s cliche but that’s the perfect time for your heart to shine through! Also, always keep in mind you’re applying to a professional school so there has to be that relevance I think.
[] ararara
23:22
Even though it’s impossible try to imagine a bunch of candidates who have had it way harder than what you’re saying but are also big about it. That’s why I think it looks better to be positive if you can about trauma even though it can be hard af.
23:53
Of course! I plan to positvely weave it through my narrative and relevant professional experience in a way that isn't too dark or anything like that. I just wasn't sure if it was a big taboo or anything like that
[] ararara
0:00
@TacitSplendidShrew: @darthaifos33 https://drive.google.com/drive/mobile/folders/1jsyd1Mq8RlyMVqli_BW9z1uxY2SzNtFK?sort=13&direction=a definitely try molly and check this link out as well! The only thing about molly is some apps ask if you used AI to write your statement so be mindful of what they’re asking/what you’re using molly for!
manifestmoreadmissions
9:44
is LSDs AI assistant being named molly on purpose
KimchiQueen
10:25
@manifestmoreadmissions: OMG LOL
KimchiQueen
10:26
@manifestmoreadmissions: OMG LOL
LegalUsername
10:26
lol
14:23
am I considered KJD if I am applying the summer right after May graduation?
no because you’ll have a full year before you start school
Omg lol who cares
17:09
In my opinion thats close enough @darthaifos33
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