FIN 240 Chapter Notes - Chapter 8: Trademark Dilution, Patent Infringement, Lanham Act
Document Summary
Trademark - distinctive mark, motto, device, or implement that a manufacturer steps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. Lanham act - enacted to protect manufacturers from losing business to rival companies that used confusingly similar trademarks. Trademark dilution - doctrine under which distinctive or famous trademarks are protected from certain unauthorized uses of the marks regardless of a showing of competition or a likelihood of confusion. Under the trademark dilution revision act (tdra), to state a claim for trademark dilution, plaintiff must prove the following: Plaintiff owns a famous mark that is distinctive. Defendant has begun using a mark in commerce that allegedly is diluting the famous mark. Similarity between the defendant"s mark and the famous mark gives rise to an association between the marks. Association is likely to impair the distinctiveness of the famous mark or harm its reputation.
