Are there any special rules for the protection of famous marks?
Yes, there are special rules for protecting famous marks in Alaska. Under Alaska’s Unfair Competition Law, a famous mark is defined as a mark or trade name that is “widely recognized by the public as a designation of the source of the goods or services of the mark’s owner.” A famous mark is generally afforded a higher level of protection than an ordinary trademark. In Alaska, an owner of a famous mark is able to prevent others from using a name or mark that is either identical or substantially similar to their own famous mark. This means that even if the other party is not attempting to use the mark to confuse customers or pass off goods or services as the famous mark owner, the owner may still be able to prevent others from using a similar mark. Also, the owner of a famous mark may be able to prevent others from using a mark in connection with goods or services that are not identically the same as those of the famous mark owner. This is known as “dilution” and it prevents the famous mark from becoming too diluted and losing its uniqueness and distinctiveness. Finally, the owner of a famous mark may also be able to prevent someone from registering a trademark that is either identical or substantially similar to their own famous mark. This is known as “trademark protection.” By preventing trademark registration, the owner can ensure that their famous mark will remain unique and distinctive.
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