Is dilution of a trademark a form of unfair competition?

Yes, dilution of a trademark is a form of unfair competition and is prohibited in Maryland. Trademark dilution is a form of unfair competition that happens when the use of a trademark by someone other than the rightful trademark holder causes the trademark to become weakened, blurred, and/or tarnished. This usually occurs when someone uses a trademark in a way that is similar to a registered trademark, which can lead to public confusion and/or dilute the distinctiveness of the original trademark. For example, if a company has a registered trademark for a specific type of product, and a competitor then starts producing a similar product with a similar name, that would be considered trademark dilution. This is because the original trademark is no longer as unique and instantly recognizable as it once was. Maryland recognizes dilution as a form of unfair competition and has laws that prohibit it. Under these laws, all businesses in Maryland must respect the trademarks of others and not use them in a way that weakens or tarnishes the original trademark. If a business in Maryland is found to be guilty of trademark dilution, they may be subject to civil and criminal penalties.

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