The uniqueness of a trademark must be guarded carefully; failing to do so can cause irreversible damage to your brand. If you suspect someone is misusing your trademark, it is important to understand the difference between trademark dilution and trademark infringement. Here is what you need to know.
What is trademark infringement?
Trademark infringement generally involves unauthorized use of a mark that is likely identical or similar to yours, which causes confusion among customers about the source or origin of goods. The owner of the mark usually shares the burden of proving that the trademark used by another party is similar enough to confuse their customers.
What is trademark dilution?
Trademark dilution operates differently. It is invoked when someone uses a mark that is similar to yours, which either harms your brand reputation or distorts the association consumers have with it. In legal language, this is known as:
- Blurring: Use of a similar mark that weakens the distinctiveness of a famous mark by creating an association with another source.
- Tarnishment: Use of a famous mark in a way that creates an association with products or services that harms the mark’s reputation.
Under the Trademark Dilution Revision Act, only famous marks that are widely recognized by the general consuming public qualify for federal dilution protection.
Establishing the facts
U.S. trademark law provides meaningful protections against both infringement and dilution, but neither claim is automatic. Infringement requires a demonstrable likelihood of confusion, while dilution requires proving fame and harm to distinctiveness or reputation. Courts scrutinize these facts closely. An attorney experienced in fighting trademark infringement and dilution can help you build a strong case against the infringing party.
