Define: Antidilution Act

The Antidilution Act is a legal statute that aims to protect the value and distinctiveness of a trademark by preventing its dilution or weakening through unauthorized use.

Dilution refers to the lessening of the uniqueness and distinctiveness of a trademark caused by unauthorized use, which can lead to a loss of its value and consumer recognition.

The Antidilution Act protects against unauthorized uses that may blur the distinctiveness of a trademark, such as using a similar mark on unrelated goods or services, or tarnishing the reputation of the mark.

Trademark infringement occurs when someone uses a mark that is identical or confusingly similar to another mark in connection with similar goods or services. The Antidilution Act, on the other hand, focuses on protecting the distinctiveness of a mark regardless of the goods or services involved.

The remedies available under the Antidilution Act include injunctive relief, monetary damages, and the possibility of the defendant being ordered to forfeit any profits obtained through the unauthorized use of the mark.

Yes, the Antidilution Act protects both registered and unregistered marks, as long as they are famous and distinctive.

To be considered famous under the Antidilution Act, a mark must have acquired substantial recognition and distinctiveness among the relevant consuming public.

Yes, a mark can lose its protection under the Antidilution Act if it becomes generic or loses its distinctiveness due to factors such as widespread use or abandonment by the owner.

Yes, fair use can be a defence against an Antidilution Act claim if the defendant can demonstrate that their use of the mark is descriptive, noncommercial, and in good faith.

The Antidilution Act is a U.S. federal law, so its enforcement is limited to the United States. However, other countries may have similar laws or provisions to protect against trademark dilution.