Well-Known TM Protection Under Delution Act - US
Under the Trademark Dilution Act, not only the marks that are inherently distinctive, but also the marks acquired distinctiveness or widely recognized by the general public in the US is protected. This is done on the assessment on the following factors:
- The duration, extent and geographic reach and publicity of the mark;
- The amount, volume and geographic extent of sales of goods or services under the mark;
- The extent of actual recognition of the mark; and
- Whether the mark was registered on the principal register.
There are two types of dilutions which are recognized: one dilution by blurring associated with the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark and another by tarnishment which is simply associated with the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark..
The Act limits the remedies to only injuctive relief unless (a) the trade name or the mark that is likely to cause dilution by blurring or tarnishment was first used by the person against whom the injunction is sought and (b) against whom the injunction is sought willfully intended to trade on the famous mark. Monetary awards under these provisions are subject to the discretion of the court and the principles of equity.
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