What is the scope of the dilution of trademark theory?

The scope of the dilution of trademark theory is wide-reaching and under Kansas law applies to acts and practices of unfair competition involving use of like marks, trade names, and other business signs that create a likelihood of confusion and/or cause damage to the reputation of a trademark or trade name. Dilution of a trademark is an action which is used to protect the distinctiveness of a mark. It is believed to protect the public from being confused or misled when purchasing goods or services. When evaluating trademark dilution, the court will consider whether a mark has been diluted by blurring or tarnishment. Blurring means that the trademark is weakened when consumers are no longer able to immediately recognize the mark as coming from a specific source. Tarnishment is when an established mark is associated with an unwholesome product, service, or association. In Kansas, courts have also held that dilution of trademark can occur when a member of the public or a competitor makes use of a mark in a manner that would lead to consumer confusion. This includes when a competitor uses a mark which is identical or similar to a mark already used by someone else, without authorization from the original owner. The scope of dilution of trademark theory also applies to consumer confusion that is caused by marketing tactics, such as false advertising, sales solicitation, and publicity of products. It can also apply where a mark is used to promote a product or service that is not similar to the original product or service that the mark represents. Ultimately, the scope of dilution of trademark theory seeks to protect the distinctiveness and reputation of marks by providing remedies for improper use of marks by a competitor and preventing public confusion.

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