What is the scope of trademark dilution?

The scope of trademark dilution in Texas is a legal concept intended to protect trademarks. It prevents one business from using another business’s trademark in a way that could harm its value. Trademark dilution occurs when another company uses a trademark in a way that diminishes the distinctiveness of the original mark. This could include using an identical mark on a different product or using the same mark on a competing product that could cause confusion. Under Texas law, a trademark owner can pursue a claim for dilution if it can show that another company’s use of the trademark harms its distinctiveness. This means that the trademark owner must show that the use of the mark has weakened the connection between the mark and the original products or services. For example, if a company used the same mark as an established business on a completely different product, it could potentially be considered trademark dilution. Texas also recognizes a claim for blurring, which occurs when an unregistered trademark is used on a different product or service and causes confusion as to origin or branding. Blurring can potentially lead to trademark dilution if it causes the mark to lose its distinctiveness. In short, the scope of trademark dilution in Texas encompasses a variety of uses that could potentially harm a trademark’s distinctiveness or lead to confusion. It is important for businesses to be aware of their rights and potential legal remedies in order to protect their trademark investments.

What is the scope of trademark dilution?

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