Define: Dilution Trademark

Trademark dilution occurs when a famous trademark is used in a way that diminishes its distinctiveness or harms its reputation.

You can protect your trademark from dilution by registering it with the U.S. Patent and Trademark Office and taking legal action against any unauthorized use that may dilute its distinctiveness.

Trademark infringement occurs when a trademark is used in a way that causes confusion with another trademark, while trademark dilution occurs when a famous trademark’s distinctiveness is weakened by unauthorized use.

Yes, trademark dilution does not require a likelihood of confusion. It only requires that the unauthorized use of a famous trademark diminishes its distinctiveness or harms its reputation.

Factors such as the similarity between the famous trademark and the unauthorized use, the level of fame of the trademark, and the degree of distinctiveness of the trademark are considered in determining trademark dilution.

Yes, a trademark can be diluted by a non-competing product or service if the unauthorized use diminishes the distinctiveness or harms the reputation of the famous trademark.

Remedies for trademark dilution may include injunctive relief to stop the unauthorized use, monetary damages, and the destruction of any infringing materials.

To prove trademark dilution in court, you will need to show that your trademark is famous, that the unauthorized use is likely to cause dilution, and that you have suffered harm as a result of the dilution.

Yes, a trademark can lose its distinctiveness over time through genericide, which occurs when the trademark becomes synonymous with the general category of goods or services it represents.

Yes, unauthorized use of a famous trademark on the internet and social media can lead to trademark dilution if it diminishes the distinctiveness or harms the reputation of the trademark.