What dilution and infringement mean in trademark?

What dilution and infringement mean in trademark?

Under Trade Marks Act, 1999 Trademark dilution was introduced. Dilution of a Trademark is a surface of Trademark infringement, where the owner of a well-known trademark has the power to prevent others from using their mark on the ground that it kills their uniqueness or lessen their reputation.

What is the difference between trademark infringement and dilution?

If someone uses your trademark without your permission, it is called trademark infringement. If a trademark becomes famous, like Nike or Xerox, the owner can also sue for trademark “dilution.” Dilution happens when a trademark’s distinctive quality is blurred or tarnished by another mark.

Is dilution a trademark infringement?

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. Dilution is a basis of trademark infringement that applies only to famous marks.

How do you prove a dilution?

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 …

Can you prove dilution without 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.

What happens if you get sued for trademark?

How does a trademark infringement lawsuit begin? However, in most cases, the trademark owner, as plaintiff, will choose federal court. Even when a plaintiff chooses state court, it may be possible for the defendant to have the case “removed” to federal court.

What are the two types of trademark dilution?

Dilution is comprised of two principal harms: blurring and tarnishment. Dilution by blurring occurs when the distinctiveness of a famous mark is impaired by association with another similar mark or trade name.

How do you prove a trademark is famous?

The statutory factors for determining whether a mark is famous for dilution purposes are:

1. The duration, extent, and geographic reach of advertising and publicity of the mark, by either plaintiff or third parties.
2. The amount, volume, and geographic extent of sales of goods or services offered under the mark.

What is a dilution claim?

In a dilution claim, a trademark owner asserts that their famous mark is entitled to protection from use that causes harm to the mark’s reputation or distinctiveness. For example, you are inviting a dilution claim if you begin selling McDonalds Cars or Chevy Hamburgers.

How does trademark dilution differ from trademark 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.

What did the trademark dilution Act of 1995 do?

The Federal Trademark Dilution Act of 1995 expanded the scope of rights granted to famous and distinctive trademarks under the Lanham Act. Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark.

Is the Apple trademark protected under the dilution Act?

Of course, the mark APPLE is still protected against trademark infringement when likelihood of confusion can be established. Under the Dilution Act, famous marks are protected against the dilution of the distinctive nature of the mark.

When does trademark infringement occur under trademark law?

Under trademark law, findings of trademark infringement only occur when a “likelihood of confusion” exists. This term implies that consumers might confuse one trademark for another, and this in turn means they may not get the product or service they’re expecting.