What is the scope of trademark dilution?
Trademark dilution is a legal concept in which a trademark owner’s rights are weakened by the unauthorized use and unauthorized association of their trademark. In New Jersey, courts are more likely to recognize trademark dilution as a separate category of trademark infringement. The scope of trademark dilution covers a variety of different uses or associations that might cause a trademark owner’s rights to be weakened. These include things like blurring, tarnishing, and free-riding of a trademark. Blurring occurs when a third-party’s use of a trademark causes the trademark to become less distinct. For example, if a company’s trademark is used too often in unrelated product lines, it would be considered “blurred” and the trademark owner’s rights could be weakened. Tarnishing occurs when a trademark is associated with a product or service that is seen in a negative light. Likewise, free-riding occurs when a third-party uses a trademark for commercial gain without paying the trademark owner a licensing fee. All of these uses of a trademark can be considered a form of trademark dilution. The purpose of trademark dilution is to protect the uniqueness of a trademark and prevent it from being diluted over time. New Jersey’s courts recognize that trademark dilution can be an issue and are therefore more likely to protect the trademark owner’s rights when a claim of trademark dilution is made.
Related FAQs
How does trademark law protect against trademark infringement?Are there any defenses to an Anti-Cybersquatting Consumer Protection Act claim?
What is the definition of “likelihood of confusion” in trademark infringement?
Is dilution of a trademark a form of unfair competition?
What types of remedies are available in a false advertising claim?
What is the Sherman Antitrust Act?
What is the scope of the tort of appropriation of corporate opportunity?
Are there any defenses against a claim of trade dress infringement?
What is the definition of “unfair trade practices”?
What remedies are available for a violation of unfair competition law?
Related Blog Posts
What Is Unfair Competition Law and How Can It Protect Your Business? - July 31, 2023Understanding Unfair Competition Law: What You Need to Know - August 7, 2023
Unfair Competition Law: Key Concepts and Terminology - August 14, 2023
The Basics of Unfair Competition Law for Business Owners - August 21, 2023
How to Recognize and Respond to Unfair Competition Practices - August 28, 2023