What is the difference between a dilution claim and a trademark infringement claim?
A dilution claim and a trademark infringement claim are two different types of claims related to unfair competition law in North Carolina. A dilution claim is defined as a claim of harm caused to a trademark’s distinctiveness or “branding power”. This type of claim is intended to protect the trademark holder from potential damage caused by another’s use of a trademark. For example, a dilution claim may be used when another party uses a trademark that is similar to the original in an effort to damage the original brand’s value or reputation. A trademark infringement claim, on the other hand, is defined as a claim that another party has copied the original trademark and is using it with the intention of deceiving customers and attempting to pass off the other product as the original. This type of claim is intended to protect the trademark holder from being taken advantage of or having their rights violated. The two claims can have very different outcomes, but the main difference between the two is that a dilution claim is concerned with protecting the trademark holder’s reputation, while a trademark infringement claim is concerned with protecting the trademark as an exclusive right. Also, a dilution claim may not require proof of potential consumer confusion, while a trademark infringement claim typically does require proof of potential consumer confusion.
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