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 under unfair competition law in Kansas. A dilution claim occurs when a company or individual uses a trademark that is similar to an existing registered trademark, and their use blurs or tarnishes the existing trademark’s reputation. This type of claim is often used when one company capitalizes on the reputation and goodwill associated with an established trademark. On the other hand, a trademark infringement claim occurs when another company or individual uses a trademark that is substantially similar to a registered trademark, thereby causing confusion within the marketplace about the source of goods and services. This type of claim usually involves one company using a trademark that is very similar to a trademark owned by another and can involve the use of identical or strikingly similar words, logos, designs, or symbols. The key difference between a dilution claim and a trademark infringement claim is that a dilution claim does not necessarily have to include the use of similar trademarks. Instead, as noted above, this claim focuses on the use of an established trademark in a way that harms its reputation, while trademark infringement looks at the use of substantially similar trademarks in a way that causes confusion in the marketplace.
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