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.
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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.
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It is possible to lose trademark rights by failing to enforce them. Failure to enforce trademark rights does not automatically invalidate the trademark. but allowing infringing uses can dilute the distinctiveness of a trademark or lead to it becoming generic. To remain viable as a trademark, it must operate to distinguish a product or service
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