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" the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of — (1) competition between the owner of the famous mark and other parties, or (2) likelihood of confusion, mistake... "
New Technologies and Reference Services - Page 137
edited by - 2000 - 149 pages
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Trademark Law Revision Act of 1987: Hearing Before the ..., Volume 4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks - Patent laws and legislation - 1989 - 420 pages
...Section 45. Definitions Dilution. The term "dilution" means the lessening of the capacity of registrant's mark to identify and distinguish goods or services, regardless of the presence or absence of (a) competition between the parties, or (b) likelihood of confusion, mistake or deception. b. In General...
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Scott on Computer Law, Volume 1

Michael Dennis Scott - Law - 1991 - 1014 pages
...use . . . causes dilution of the distinctive quality of the [owner'sl mark." Dilution is defined as "the lessening of the capacity of a famous mark to identify and distinguish goods or services . . . "188 An anti-dilution claim lies regardless of whether or not there is competition between the...
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Internet and Online Law

Kent D. Stuckey - Computers - 2023 - 342 pages
...whether dilution by tarnishment is covered by the Dilution Act.36 The Dilution Act defines dilution as "the lessening of the capacity of a famous mark to...parties, or (2) likelihood of confusion, mistake or deception."37 Although federal courts initially M cSee. eg: Second Circuit: Eastman Kodak Co. v. Rakow,...
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Madrid Protocol Implementation Act and Federal Trademark Dilution Act of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property - Law - 1996 - 230 pages
...Definition of Dilution. HR 1295 defines dilution as: the lessening of the capacity of a registrant's mark to identify and distinguish goods or services,...presence or absence of - (1) competition between the registrant and other parties, or (2) likelihood of confusion, mistake, or deception. This uniform definition...
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Madrid Protocol Implementation Act and Federal Trademark Dilution Act of ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property - Law - 1996 - 230 pages
...definition of dilution, which is that dilution means the lessening of the capacity of a registrant's mark to identify and distinguish goods or services regardless of the presence or absence of competition or likelihood of confusion. Tarnishment cases typically don't entail I think so much a...
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Trademark Dilution

Tony Martino - Trademark dilution - 1996 - 172 pages
...Section 45. Definitions Dilution The term "dilution" means the lessening of the capacity of registrant's mark to identify and distinguish goods or services, regardless of the presence or absence of (a) competition between the parties, or (b) likelihood of confusion, mistake or deception. TRC Report,...
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U.S. Trademark Law: Rules of Practice & Federal Statutes, Volumes 997-998

Trademarks - 1997 - 392 pages
...mark as to be likely to cause confusion or mistake or to deceive. Dilution. The term "dilution" means the lessening of the capacity of a famous mark to...(2) likelihood of confusion, mistake or deception. Registered mark. The term "registered mark" means a mark registered in the United States Patent and...
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Doing Business on the Internet: Forms and Analysis

Julian S. Millstein, Jeffrey D. Neuburger, Jeffrey P. Weingart - 2023 - 1190 pages
...the areas of trade in which infringement is alleged.86 The Trademark Dilution Act defines dilution as "the lessening of the capacity of a famous mark to...(2) likelihood of confusion, mistake or deception." 87 This statute provides for claims against non-competing and non-confusing uses, but which have the...
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Managing Legal and Security Risks in Computers and Communications

Paul Shaw - Business & Economics - 1998 - 262 pages
...of the distinctive quality of the mark. Dilution is defined as "the lessening of the capacity of a mark to identify and distinguish goods or services,...(2) likelihood of confusion, mistake, or deception." Other legal action can be taken if it can be proven that the "person against whom the injunction is...
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Internet Domain Name Trademark Protection: Hearing Before the Subcommittee ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property - History - 1997 - 198 pages
...amended at 15 USC SS I I25(c). 1 127 (19%)). The Trademark Dilution Act of 1995 defines "dilution" as the lessening of the capacity of a famous mark to...services, regardless of the presence or absence of ( I) competition between the owner of the famous mark and other panics or (2) likelihood of confusion,...
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