What is dilution by tarnishment?
Dilution by tarnishment occurs when the reputation of a famous mark is harmed through association with another similar mark or trade name.
What is trademark dilution example?
It occurs when unauthorized use of a famous mark weakens or impairs the distinctiveness of the mark. A hypothetical example may be use of GOOGLE as a mark on toothpaste, such that consumers who previously associated the GOOGLE mark solely with the tech giant’s products begin to also associate the mark with toothpaste.
What are the ways to dilute trade marks?
As per section 29(4) of The Trade Marks Act, trademark infringement in the form of dilution will occur only when the person uses the mark which is: Identical or similar to the registered trademark which already has a reputation in India and. Use is on different goods or services than those covered by the registration.
What is tarnishment law?
Tarnishment occurs when someone uses a trademark on inferior or unwholesome goods or services. A mark becomes tarnished when it is linked to products of inferior quality, or is portrayed in an unwholesome context.
What is brand tarnishment?
Trademark tarnishment is when someone uses a famous mark in commerce and, in doing so, harms the reputation of the well-known mark. The harm can be something as simple as a mere association with something unsavory.
Does trade dress have to be registered?
Trade dress must be both distinctive and nonfunctional. Most trade dress is protected without registration. Trade dress that is not inherently distinctive can be registered on the United States Supplemental Register. If an owner can show secondary meaning, it can be registered on the United States Principal Register.
Can you prove dilution without infringement?
Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark. Instead, all that is required is that use of a “famous” mark by a third party causes the dilution of the “distinctive quality” of the mark.
Can you dilute your own trademark?
The Federal Trademark Dilution Act 1995 prohibits marks that dilute the distinctiveness of famous marks in the United States. In addition to US dilution law, approximately 40 states have their own dilution laws.
What is a tarnished image?
Definition of ‘tarnish’ If you say that something tarnishes someone’s reputation or image, you mean that it causes people to have a worse opinion of them than they would otherwise have had.
How would you tarnish the reputation of trademark?
A trademark is tarnished when an infringing mark portrays the infringed mark in a negative light- usually in the context of sex, drugs, crime, etc. It can also happen if the infringer is offering low quality goods.
Can trade dress be diluted?
Trade Dress Dilution Under federal law, the owner of protected trade dress can assert a claim of dilution by proving that the claimed trade dress is not functional and is famous, and that any unregistered matter is famous separate from the fame of registered marks if there are any.
Does trade dress expire?
Federal trade dress registrations last for 10 years and can be renewed for another 10 years upon expiring. Companies can also register their trade dress on a state level. The average cost of a trade dress registration is $673.