What is dilution by blurring and how can it be prevented?

Dilution by Blurring is a form of trademark infringement in New York State. This occurs when a trademarked logo or name is used in a way that makes it unclear which goods or services are being offered by the owner of the trademark. For example, if a company’s logo was used to promote a product that the company did not actually produce, that would be an example of dilution by blurring. The only way to prevent dilution by blurring is to diligently monitor and protect the trademark from any unapproved use. Companies can do this through trademark registration, which grants exclusive use and ownership rights to the holder of the trademark. Companies should also vigilantly police the marketplace and the internet for any unauthorized use of their trademarks. Additionally, businesses should ensure that all contracts with suppliers and partners explicitly state that they are not allowed to use the company’s logo or trademarks without prior written permission. Finally, it is important for companies to consider trademark litigation as a measure of last resort. Courts have the authority to issue permanent injunctions against infringing parties, meaning that they would be prevented from ever using the trademarked name or logo again. This is the most effective way to protect a trademark from dilution by blurring, as it prevents the trademark from ever being used in the unauthorized way.

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What is dilution by blurring and how can it be prevented?

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