What is the difference between a dilution claim and a trademark infringement claim?
The difference between a dilution claim and a trademark infringement claim in Maryland is the degree to which a trademark has been used or abused. Trademark infringement occurs when someone uses a symbol, phrase, or other identifier to create a product which is similar to another’s. The intent is to confuse customers and create unfair competition. Dilution occurs when someone uses a trademark in a way that could weaken or harm the reputation of the original trademark. This could include using the trademark in a negative way or tarnishing its image. Dilution is more concerned with the overall reputation of the trademark rather than a particular product. Both dilution and trademark infringement can be considered unfair competition under Maryland law. It is important to note that dilution and trademark infringement claims have different elements that must be proven in order for someone to be found liable. In the case of trademark infringement, the plaintiff must prove that the defendant’s use of the mark is likely to cause confusion among customers. Whereas, in the case of dilution, the plaintiff must prove that the defendant’s use of the mark is likely to tarnish or blur the reputation of the mark in the public’s eye.
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