Protect your trademark from dilution by speaking out quickly

| Aug 24, 2018 | Intellectual Property Litigation

The dilution of your trademark is a serious offense that you must take legal action against. When trademarks are diluted, it means that someone else is using a similar, or the same, mark and hurting your reputation -or hijacking your brand and customer base.

There are two kinds of dilution to address. They include blurring and tarnishment. If you claim for blurring, it means that the other party used your trademark or a similar mark to reduce the consumer’s automatic recognition of the brand. Tarnishment, on the other hand, is when advertising or marketing does something to make consumers look down on or negatively at the owner’s trademark. They are different issues, but both can significantly impact your business.

In these cases, trademark owners are entitled to injunctive relief unless the other party willfully used the trademark and intentionally attempted to dilute the owner’s trademark. In that case, the owner of the mark is able to claim for defendant’s profits, attorney’s fees, trademark infringement and actual damages.

These cases are sometimes complicated. Why? You’ll have to show that the other trademark is close enough to yours to cause confusion or negativity toward your own business. To do that, you may have to show that consumers are actively seeking out your brand and finding the wrong websites or identify web pages in which you’re receiving negative reviews or claims against you for the other party’s goods. Both of these would be good examples to show the court that the defendant is damaging your trademark and that the defendant should provide you with injunctive relief at the very least.

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