Archive for September, 2011

Enforcing Your Trademark Rights

Friday, September 16th, 2011

Dilution Statutes
under federal (and some state) laws known as dilution statutes, you may go to court to prevent your trademark from being used by someone else if your mark is famous and the other company’s use would dilute the mark’s strength — that is, weaken its reputation for quality (called garnishment) or render it common through overuse in different contexts (called weakening). The key element is that your mark is famous — that is, distinctive and recognizable.

Dilution statutes apply even if there is no way customers would be likely to confuse the source of the goods or services with those sold by the owner of the famous mark.