What is the difference between a dilution claim and a trademark infringement claim?

A dilution claim and a trademark infringement claim are two types of claims related to unfair competition law in California. They both involve a trademark being used in a way that can harm a business’s reputation or member of the public’s right to freedom of expression. A trademark infringement claim refers to a situation in which the mark is being used in a manner which is likely to cause confusion as to the origin of the goods or services being offered. For instance, if a company has trademarked their logo and another business begins using it in their own advertising or on their products, they can be liable for trademark infringement claims. A dilution claim, on the other hand, is when the mark is being used in a way that is likely to diminish the distinctiveness of the mark itself. This could be if a competitor begins using the mark in their own advertising, or if the mark is used on products with no connection to the original owner of the mark. The dilution claim does not necessarily have to cause confusion, but it can still be damaging to the owner of the trademark. In summary, the difference between a dilution claim and a trademark infringement claim is that a trademark infringement claim involves a situation in which the mark is being used in a manner which is likely to cause confusion as to the origin of the goods or services being offered, while a dilution claim is when the mark is being used in a way that is likely to diminish the distinctiveness of the mark itself.

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What is the difference between a dilution claim and a trademark infringement claim?

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