What You Should Understand About Trademark Dilution Before Borrowing A Famous Logo
by Frances Lewis
There are a lot of people who would never consider themselves thieves because they don't shoplift or rob banks. Many of these same people don't seem to understand the concept of intellectual property. They assume they have the right to use photos, artwork, music, and corporate logos any way they please. Most of these people would be shocked to learn they are breaking copyright laws, and in the case of well known brands, breaking <a href="www.aeilaw.com/practice-areas/#business-law">trademark dilution</a> laws.
There are logos people around the world instantly recognize and associate with a particular company alone. Corporations have huge budgets set aside to maintain and enhance their brand identity. The logos not only represents a specific product, or conglomeration of products, they often evoke specific feelings in consumers. The silhouette of an iconic mouse's head with the artist's signature below for example, represents family values, vacation destinations, and quality for most.
If another company puts that logo on its own product in an attempt to associate itself in some way, or to gain credibility with its use, they are diluting the company's trademark. It won't matter that the product in question doesn't compete with theme parks or movies, just the use is enough to break the law. Most of the logos that fall into this category are instantly recognizable globally.
Not every company can claim its trademarks qualify for this special status. They have to meet several markers. The most important one is fame. The logo and brand in question must have instant recognition with the general public. There are not exact requirements to meet the marker. Courts decide that on an individual basis.
Not only does a logo have to be instantly recognizable, it must have had that level of fame at the time of the offense. For example, if the logo was relevant at one time, but less so when the incident occurred, the courts may rule that the trademark is no longer famous enough to warrant bringing the suit. It is not necessary for a company to prove it was actually harmed by the dilution. The fact that is occurred is enough to win the lawsuit.
Diluting trademarks can take several forms. Blurring occurs when someone uses a logo on a product that may be totally unrelated to the original brand. It might be something like the swoosh of an athletic shoe logo placed on a can of paint. Even though the two are unrelated, the use on the paint can potentially dilutes the distinctiveness of the logo on the athletic shoes.
Trademarks can be diluted by tarnishment. This occurs when a company uses a logo on a product that adversely affects the image of the original brand. Putting the mouse ears on chewing tobacco packages is a good example. Freeriding is the act of usurping another's logo in order to confuse the public into thinking the two companies have some association.
Millions of dollars are spent each year to enhance and protect brands. Conglomerates don't appreciate anyone tampering with theirs. They will sue, and they usually win.
When you are searching for information about <a href="http://www.aeilaw.com/practice-areas/#business-law">trademark dilution</a>, come to our web pages today. More details can be viewed at http://www.aeilaw.com/practice-areas/#business-law now.
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New Unique Article!
Title: What You Should Understand About Trademark Dilution Before Borrowing A Famous Logo
Author: Frances Lewis
Email: nathanwebster335@live.com
Keywords: trademark dilution
Word Count: 516
Category: Legal
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