What is the scope of trademark dilution?
Trademark dilution is a type of unfair competition that occurs when a competitor unlawfully uses a trademark that is already well-known. This type of behavior is considered to be improper because it can weaken or even harm the value of the trademarked product or brand. In Maryland, trademark dilution is prohibited by the state’s Unfair Competition Law. According to the Law, it is illegal for any person or entity to use a trademark in a way that results in the blurring or tarnishing of the mark’s distinctive quality or reputation. This means that any use of the trademark that could potentially diminish the uniqueness or distinctiveness of the brand could be considered trademark dilution. The scope of trademark dilution is quite broad and can include activities such as creating new products and services under the same trademarked brand, doing advertising that implies some type of connection with the mark, using the mark in a way that associates it with an unrelated product or service, or any other activities that could weaken the mark’s quality and reputation. The potential consequences for trademark dilution vary, depending on the severity of the infringement and the degree to which the trademark is diluted. The perpetrator may be required to pay damages to the original trademark holder, or even face criminal charges for their actions. Because of this, it is important for businesses to be aware of the scope of trademark dilution and take all necessary precautions to protect their brand.
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