Trademark dilution refers to the diminishment of the distinctive quality of a famous trademark, either through the use of the mark on unrelated products (dilution by blurring) or the tarnishment of the mark's reputation (dilution by tarnishment). This concept is central to understanding trademark remedies and the fair use of trademarks.
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Trademark dilution is a form of trademark infringement that can occur even in the absence of consumer confusion.
The federal Trademark Dilution Revision Act (TDRA) provides remedies for owners of famous trademarks against dilution by blurring or tarnishment.
To establish a claim for trademark dilution, the trademark owner must prove that their mark is famous and that the defendant's use of the mark is likely to cause dilution.
Fair use exceptions, such as for news reporting, commentary, parody, and non-commercial use, may protect against a claim of trademark dilution.
Remedies for trademark dilution can include injunctive relief, monetary damages, and the destruction of infringing articles.
Review Questions
Explain the two main types of trademark dilution and provide examples of each.
The two main types of trademark dilution are dilution by blurring and dilution by tarnishment. Dilution by blurring occurs when the use of a similar mark on unrelated products weakens the distinctive association between the famous mark and the original product or service. For example, using the trademark 'Coca-Cola' on unrelated products like clothing or furniture would be an example of dilution by blurring. Dilution by tarnishment, on the other hand, is when the use of a mark in a way that creates a negative association or harms the reputation of the famous mark. For instance, using the 'Coca-Cola' trademark on products associated with illegal activities or vulgarity would be an example of dilution by tarnishment.
Describe the requirements for a trademark owner to establish a claim for trademark dilution and the potential remedies available.
To establish a claim for trademark dilution, the trademark owner must prove that their mark is famous and that the defendant's use of the mark is likely to cause dilution, either by blurring or tarnishment. The federal Trademark Dilution Revision Act (TDRA) provides the legal framework for these claims. If successful, the trademark owner may be entitled to injunctive relief to stop the diluting use, monetary damages, and the destruction of any infringing articles. However, there are fair use exceptions, such as for news reporting, commentary, parody, and non-commercial use, that may protect against a claim of trademark dilution.
Analyze how the concept of trademark dilution relates to the fair use of trademarks and the balancing of trademark rights with First Amendment freedoms.
The concept of trademark dilution must be balanced against the fair use of trademarks and the protection of First Amendment freedoms. While trademark owners have the right to prevent the dilution of their famous marks, this right is not absolute. Fair use exceptions, such as for news reporting, commentary, parody, and non-commercial use, can provide a defense against claims of trademark dilution. This reflects the need to maintain a balance between trademark rights and the public's interest in free speech and expression. Courts must carefully consider the specific circumstances of each case to determine whether the use of a trademark constitutes unlawful dilution or is protected by fair use principles.
Related terms
Dilution by Blurring: A type of trademark dilution where the use of a similar mark on unrelated products weakens the distinctive association between the famous mark and the original product or service.
Dilution by Tarnishment: A type of trademark dilution where the use of a mark in a way that creates a negative association or harms the reputation of the famous mark.
Famous Trademark: A trademark that is widely recognized by the general consuming public and has significant commercial value and goodwill.