What kinds of uses of a trademark create a risk of liability for trademark infringement or dilution
The principal remedy for trademark dilution is an injunction. Historically, that was the only remedy available for dilution. Under the Trademark Dilution Revision Act of 2006, monetary damages may be available, but only if the defendant willfully intended to trade on the owner’s reputation
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No. It is not necessary to prove likelihood of confusion to prevail on a trademark dilution claim. The harm caused by dilution is loss of distinctiveness or damage to reputation, not consumer confusion.
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Dilution by tarnishment occurs when a person uses another person’s trademark without permission for different, unrelated goods or services in a way that damages the trademark owner’s reputation by linking the mark to inferior or unsavory products or services. Example: Using the Barney the Dinosaur character to market sex toys. Trademark rights sometimes clash with
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Dilution by blurring occurs when the distinctiveness of a mark is reduced. This can occur when a person uses a famous mark to market different, unrelated goods or services. Example: Using ROLEX as a trademark for restaurant services.
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Trademark dilution is the weakening of the distinctiveness of a trademark, such as by using something similar to the Jack Daniel’s whiskey trademark as a source identifier for Bad Spaniels dog toys.
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Remedies for trademark infringement can include: Injunction; Monetary damages; Disgorgement of profits; Impoundment and/or destruction of infringing goods; Attorney fees and costs. Monetary damages may be actual damages or statutory damages. If the infringement was in bad faith (willful), treble damage may be awarded.
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Courts consider a variety of factors to determine whether a likelihood of confusion exists. Similarity of the marks and the similarity or relatedness of the goods or services are the most important factors. Courts also look at things like the similarity of marketing channels, the strength (distinctiveness) of the original mark, intent to deceive, actual
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Trademark infringement is the unauthorized use of a trademark in a way that is likely to confuse consumers about the source of a product or service. It occurs when an identical or similar mark is used to market a product or service that is identical, similar, or related to the product or service for which
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