What is the difference between a dilution claim and a trademark infringement claim?
A dilution claim and a trademark infringement claim are two distinct legal claims that are both used to protect brands from unfair competition. Both claims can be used in the state of Pennsylvania. A trademark infringement claim is used to protect a business’s exclusive rights to use their mark. This claim is used when another business uses a confusingly similar mark that could potentially lead to confusion in the marketplace. To prove a trademark infringement claim, an owner must prove that the trademark is valid and there is a likelihood of confusion. On the other hand, a dilution claim is used to protect the distinctiveness of a brand. This claim is used when another business uses a trademark that is similar, but not necessarily confusingly similar, to the original trademark. To prove a dilution claim, the owner must prove that their trademark is distinctive and that there is a lessening of the trademark’s ability to identify the original brand. In summary, the main difference between a dilution claim and a trademark infringement claim is the type of trademark that is being used. A trademark infringement claim is used to protect use of a confusingly similar mark, while a dilution claim is used to protect distinctiveness when the other mark is not necessarily confusingly similar.
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