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What are Trademark Infringement and Dilution?
Trademark infringement is the unauthorized use of a registered
trademark or of a trademark that is confusingly similar to the
registered mark. The unauthorized use may or may not be on the goods
and services discussed in the trademark application; it may be on
dissimilar goods and services under some conditions. The key result
is confusion for consumers in the unauthorized mark.
Trademark dilution is more difficult to describe, as it is
reserved for strong trademarks. Those trademarks with the strongest
in identity in a market cannot be used in other noncompeting
markets. This is to avoid "diluting" the strong, recognizable mark
by its use in noncompeting markets.
Dilution is best described in an example. A mark that is
recognizable is "Barbie." The mark "Barbie" brings up an idea of a
girl's doll of an adult woman and friends in a pink box. Most
likely, "Barbie" would not be allowed to be used in another market,
even if it did not compete with children's toys because of how
strong the mark is and how identifiable the mark is to the
goods.
What is trade dress?
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