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 Virginia law involves the similarity between a trademark used by an existing business and a new business. A dilution claim occurs when the new business’s trademark is similar enough to the existing business’s trademark that it would otherwise cause a “blurring” or “tarnishment” of the original trademark. This means the new business’s use of the trademark would lessen the original business’s trademark’s impact or cause it to be confused with the new business’s trademark. A trademark infringement claim occurs when the new business’s trademark is substantially similar to the existing business’s trademark. This means that it is so similar that customers are likely to be confused by its use, and the existing business’s financial value and goodwill may be diminished by the new business’s use of the trademark. In other words, a dilution claim is a more encompassing claim than a trademark infringement claim. A trademark infringement claim focuses on protecting the immediate financial interests of an existing business, while a dilution claim looks to protect the original trademark itself from becoming lost in a sea of similar trademarks. In Virginia, both types of claims provide a legal remedy for businesses whose trademarks have been used without their permission.
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