What is blurring tarnishment?
Dilution by blurring occurs when the distinctiveness of a famous mark is impaired by association with another similar mark or trade name. See 15 U.S.C. § 1125(c)(2)(B). Dilution by tarnishment occurs when the reputation of a famous mark is harmed through association with another similar mark or trade name.
What is trademark blurring?
Blurring—Blurring is the most common type of dilution. It occurs when unauthorized use of a famous mark weakens or impairs the distinctiveness of the mark.
What does dilution mean in law?
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness.
What is the difference between dilution and infringement?
Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that use of a “famous” mark by a third party causes the dilution of the “distinctive quality” of the mark.
How do you cite the Lanham Act?
The Lanham (Trademark) Act ( Pub. L. 79–489, 60 Stat. 427, enacted July 5, 1946, codified at 15 U.S.C….Lanham Act.
|Statutes at Large||60 Stat. 427|
What is colourable imitation?
The term “colorable imitation” includes any mark which so resembles a registered mark as to be likely to cause confusion or mistake or to deceive.
How long does a trademark last?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
What are the factors to consider when looking at the likelihood of confusion?
Although the weight given to the relevant du Pont factors may vary, the following two factors are key considerations in any likelihood of confusion determination: The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression.
Can you sue for trademark infringement and dilution?
Dilution lawsuits can be brought under both state and federal law, depending on the type of trademark. Federal law requires that the trademark be “famous,” and that the use of another trademark will cause either “blurring” or “tarnishing” of the older mark.
Why is the Lanham Act important?
The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur.
What is a violation of the Lanham Act?
Examples of lanham act violations include: A competitor copies and duplicates your logo and tradename; A competitor does not identially copy your marks but rather adopts a mark that is similar to yours and one that confuses consuers‚ i.e.‚ they believe your competitors products are coming from you.