What is the scope of trademark dilution?
Trademark dilution is an area of Unfair Competition Law in Massachusetts which applies to trademarks that are well-known. The scope of trademark dilution is the protection of a trademark from unauthorized use that weakens its distinctiveness. A trademark may become diluted if it is used in such a way that would lead to confusion among consumers. Trademark dilution applies to any unauthorized use of a well-known mark which has neither the purpose of creating an association with the original product or service, nor of creating a false association. It also applies to any unauthorized use which would lead to the impairment of the distinctive quality of the mark. This includes any unauthorized use which would lead to blurring or tarnishment of the mark or its reputation. Trademark dilution also applies to any unauthorized use of similar marks that, when used with similar products or services, could lead to confusion. It also applies when a similar mark is used for similar goods or services, even if the public would not be confused by the use of the marks. Trademark dilution applies to any and all unauthorized uses of a mark which has the potential to weaken its distinctiveness or strength. This is an important area of Unfair Competition Law in Massachusetts, as it helps ensure that trademarks are protected from dilution and can remain strong and distinct.
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