What is the scope of trademark dilution?
Trademark dilution is a type of legal claim that centers on the use of a trademark that is similar to a famous trademark, but for a purpose that is not related to the famous trademark’s owner. Under South Carolina law, trademark dilution occurs when the use of a trademark significantly lessens its ability to identify a particular product or service. Dilution of a trademark can occur either through blurring, when a trademark is used in a way that weakens its connection to a particular product or service, or tarnishment, when a trademark is used in a way that harms its reputation. In South Carolina, trademark dilution is regulated by both state and federal laws. The South Carolina Unfair Competition Law prohibits the use of a trademark to create confusion in the minds of consumers as to who owns or is associated with a particular product. This law also makes it illegal for a business to use a trademark that is too similar to a famous trademark, as this could reduce the famous trademark’s uniqueness and value. The scope of trademark dilution in South Carolina applies to any use of a trademark that creates confusion in the minds of consumers, dilutes the uniqueness of a famous trademark, or harms the reputation of a famous trademark. If a business in South Carolina is found guilty of trademark dilution, it can be required to pay damages for any harm it caused to the famous trademark’s owner. Therefore, it is important for businesses in South Carolina to ensure that their trademarks do not infringe upon any famous trademarks.
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