Are there any special rules for the protection of famous marks?
Yes, there are special rules for protecting famous marks under North Carolina’s Unfair Competition Law. This law requires that all marks (trademarks, logos, etc.) be distinctive and that the use of a mark creates a likelihood of confusion as to the source, sponsorship, or affiliation of the goods or services being offered. Additionally, famous marks are extended special protection from dilution. Dilution occurs when use of a mark causes the consumer to associate it with a different product or source. Famous marks are more often targets of dilution than marks that are not as widely known. To protect famous marks from dilution, the Unfair Competition Law requires a plaintiff to prove that the defendant’s use of the mark is likely to cause dilution by blurring or tarnishing the distinctiveness of the mark. The law also protects famous marks from infringement by protecting them from infringement. This means that the mark must be used in a way that consumers would likely associate with the original source of the mark. Additionally, the use of the mark must be likely to cause confusion as to the source, sponsorship, or affiliation of the goods or services being offered. By requiring that marks be distinctive and protecting famous marks from infringement, dilution, and other forms of unfair competition, North Carolina’s Unfair Competition Law provides a level of protection for famous marks. This helps to ensure that a company’s mark is not used without permission and that consumers are not misled as to the source of the goods or services being offered.
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