What is trademark dilution and how can it be avoided?

Trademark dilution is a form of trademark infringement that occurs when a trademark’s distinctiveness lessens, or is diluted, due to another company’s unauthorized use of an identical or similar mark. For example, if the Nike swoosh or Coca-Cola logo is used on a completely unrelated product, it could be considered trademark dilution. In order to protect their trademark against such unauthorized uses, companies have the right to pursue legal action. In New York, the law recognizes two types of trademark dilution claims: tarnishment and blurring. Tarnishment occurs when a trademarked item is used in a negative or unflattering way. Blurring, on the other hand, occurs when the trademark is used in a manner that dilutes the mark’s distinctiveness or connection to the original company. The best way to avoid trademark dilution is to obtain a federal trademark registration, which provides nationwide protection. This will allow companies to take legal action if their trademark is used without authorization. Companies should also monitor online platforms and use cease and desist letters to stop potential trademark dilution. It is also important to keep an up-to-date list of all registered trademarks to ensure that they are not used by another company. Additionally, it is important to thoroughly research potential trademarks before using them to ensure that they are not already taken. By following these steps, companies can protect their trademark and avoid potential infringement.

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What is trademark dilution and how can it be avoided?

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