What is trademark dilution?

Trademark dilution is a concept in intellectual property law that applies to certain types of trademarks. A trademark is a symbol, word, or phrase that is intended to identify and distinguish the source of goods and services. Trademark dilution occurs when a trademark is used by a company or person outside of its normal context, which jeopardizes the trademark’s ability to function as an identifier of a particular business. In California, trademark dilution is defined as the weakening of a trademark’s distinctiveness by use by another entity, that is likely to cause confusion for consumers. It is distinct from trademark infringement, which occurs when one company uses the same trademark of another company in a way that is likely to cause customer confusion. The trademark owner can bring a claim of trademark dilution against an infringer if there is a likelihood of dilution and the trademark owner can show that there is a direct link between the infringer’s use and the dilution of the trademark. An example of trademark dilution would be if a company uses a celebrity’s personal name in its advertising, without authorization, in a way that blurs the celebrity’s image with the company’s goods or services. The celebrity could then bring a claim of trademark dilution against the company. In California, trademark dilution claims must be brought in federal court and may be brought against entities that are using the trademark in commerce, online or offline. When a trademark owner brings a successful claim of trademark dilution, the defendant can be ordered to stop using the trademark, as well as to pay damages to the trademark owner.

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