What is the difference between a dilution claim and a trademark infringement claim?
A dilution claim and a trademark infringement claim are both types of legal claims that relate to unfair competition law in Massachusetts. A dilution claim is brought when a company feels that another company’s use of their trademark is reducing the strength or value of their trademark. This could include inappropriate use of a trademark, like using it in a way that is offensive or not related to the original use of the trademark. On the other hand, a trademark infringement claim is brought when a company feels that another company is using their trademark without their permission. This could include using the same or a similar trademark on a product or service or using the trademark in a confusing manner. Although both claims relate to unfair competition law in Massachusetts, they are very different in the type of harm inflicted. A trademark infringement claim is related to the unauthorized use of a trademark while a dilution claim is related to a trademark being used in a manner that could weaken or dilute the value of the trademark. Overall, both a dilution claim and a trademark infringement claim can be used to protect a company’s trademark from being exploited by another company. The key is understanding the difference between the two and knowing when each type of claim should be used in order to best protect a company’s trademark.
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