What is the difference between a dilution claim and a trademark infringement claim?
In Washington, there are two types of legal claims related to unfair competition law: a dilution claim and a trademark infringement claim. The difference between these two claims lies in the underlying causes of action. A dilution claim is based on a trademark owner’s right to protect the distinctiveness of their trademark. It is used to prevent other companies from using a similar mark that would lead to consumer confusion and could potentially weaken the value of the originating company’s trademark. A trademark infringement claim, on the other hand, is based on a trademark owner’s right to exclusive use of their trademark. It is used when another company uses a similar mark that would lead to consumer confusion and could potentially hurt the originating company’s business by resulting in a decrease in sales. In Washington, dilution claims must involve a famous trademark, while trademark infringement claims do not have the same limitation. This means that a dilution claim can be made against a company that uses a trademark that is similar to a famous trademark, but not necessarily identical to it. In summary, the difference between a dilution claim and a trademark infringement claim is that the former is used to protect the distinctiveness of a famous trademark, while the latter is used to protect a trademark owner’s right to exclusive use of their trademark.
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