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 137edited by - 2000 - 149 pagesLimited preview - About this book
| 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... | |
| 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,... | |
| 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,... | |
| 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... | |
| 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... | |
| 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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