Wang IP Law Group, P.C.
Local 626-269-6753
Toll Free 888-827-8880

Detailing trademark dilution

Your company has no doubt expended a good deal of time, energy and resources in developing your trademark. The value of that mark comes from its exclusivity. So what happens when a competitor in your space introduces something similar that, while distinct enough to not qualify as trademark infringement, could certainly cause confusion amongst consumers as to which was truly your brand? Many of the clients that we here at the Wang IP Law Group PC have worked with in the past have come to us facing this same conundrum. Fortunately, we have typically been able to offer good news: There is legal recourse available in such situations. 

Trademark dilution refers to the unauthorized use of material similar to famous marks that effects the famous mark by association. According to the Cornell University Law School, factors that go into determining whether your mark is considered famous include the extent of time you have been using it, the geographic market your mark extends to, and the sales volumes it has helped generate. The most common form of trademark dilution is dilution by blurring (impairment due to confusion between similar trademarks). To prove that a competitor is guilty of this, you must prove the following: 

  • That its mark is actually similar to yours
  • The distinctiveness of your own mark
  • The extent to which you are engaged in exclusive use of the mark
  • How famous your mark truly is
  • That your competitor intentionally tried to create an association with your mark
  • That consumers did in fact make that association

The other recognized form of trademark dilution is dilution by tarnishment. This occurs when your mark's reputation suffers due to its association with another. To learn more about remedies for trademark dilution, please continue to explore our site. 

No Comments

Leave a comment
Comment Information
Contact Us To Get Started

Contact Us To Get Started

Contact our office to schedule a free, initial consultation by dialing 888-827-8880 or by completing our brief, online questionnaire. Based in Los Angeles, our firm represents clients throughout California and in China, Hong Kong, Taiwan, Japan and Israel.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Locations

Industry
18645 East Gale Ave.
Suite 205
Industry, CA 91748

Phone: 626-269-6753
Map & Directions

Los Angeles
355 S. Grand Ave.
Suite 2450
Los Angeles, CA 90071

Toll Free: 888-827-8880
Phone: 626-269-6753
Map & Directions

Irvine
18662 MacArthur Blvd.
Suite 158
Irvine, CA 92612

Phone: 626-269-6753
Map & Directions

Taiwan - Taipei
37F Taipei 101 Tower, No.7, Sec. 5 Xinyi Road
Taipei, Taiwan 11049

Map & Directions

QR Code