What is trademark dilution?

Trademark dilution is when trademarks are used in a way that weakens their value. This type of trademark infringement occurs when someone uses a trademark in a way that could harm the brand or reputation associated with the mark. For example, if a company’s mark is used to sell a competing product, this could hurt the company’s business since it could confuse customers and dilute the value of the company’s mark. Washington’s trademark laws protect companies from trademark dilution. The state’s Trademark Dilution Act prohibits someone from using a trademark in a way that would reduce its distinctiveness. The act outlines a variety of ways that trademarks can be considered diluted, such as if someone uses the mark in a way that is likely to create confusion with other brands or if it is used in a way that dilutes the strength of the original mark. If a company in Washington believes their trademark has been diluted, they can file a lawsuit against the infringer in order to stop them from using the mark. Furthermore, the company can sue for damages and be awarded monetary compensation for the harm done to their trademark. The Washington Supreme Court has also ruled that companies can take action against those who use their trademarks for non-commercial use. This includes when a trademark is used for artistic or other non-business purposes, such as parody. The court has reasoned that this type of trademark dilution can still damage the original owner’s reputation.

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