What is the scope of trademark dilution?
Trademark dilution is a concept of unfair competition law that applies in Washington and some other states. It protects famous trademarks from being diluted by unauthorized use. Dilution occurs when a famous trademark is used without permission in a way that harms its distinctiveness. In Washington, trademark dilution is covered by the Trademark Dilution Act. This Act offers protection to trademarks that have been registered, or those that are well known in the state’s marketplace. It generally applies to the unauthorized use of a trademark on goods and services in the same marketplace. Under the Act, trademark dilution happens when one company’s trademark is used in such a way that it causes a negative impact to the distinctiveness of the original mark. A company might be accused of trademark dilution if it uses a very similar trademark to the original mark on competing goods, services, or advertising in the same marketplace. The scope of trademark dilution is very broad. It applies to marks that are widely known, not just those that are registered or have been in use for a long time. Companies must be careful that their use of a trademark does not blur, tarnish, or otherwise negatively impact the original mark. If a company uses a trademark in a way that results in dilution of the original mark, it can be held liable for trademark infringement.
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