submit that the concept of trademark dilution through injurious association, in relation
to dissimilar goods or services is well-entrenched in India, in respect ... trademarks,
where the goods or products are not similar, but are dissimilar. This is, in Trademark law
parlance, known as action for trademark dilution
there is no actual infringement, there is always the danger of trademark dilution. However, serious attempts have been made in the form of legislations such ... Federal Trademark Dilution Act, 1995 and Anti-Cybersquatting Consumer Protection Act, 1999, to protect famous marks from getting diluted.
46. Interestingly, the cases which appeared
there
is passing off or that there is dilution of goodwill and dilution of the
trademark of the appellant/plaintiff. Accordingly, the
appellant/plaintiff ... passing off is however a step above the right
claimed of dilution of trademark or violation of the provision of Sub-
Section (4) of Section
distinctive character or repute of the registered trade mark....‖
10. In trademark dilution claims, the plaintiff has to establish the identity or similarity
with ... required to be established in trademark
infringement claims in respect of similar goods or products.
16. A trademark dilution claim for injunction is known
plaintiffs‟ trademark;
(xiii) use of the defendants of the trademark "BARBIE" in their song
amounts to infringement and dilution of the plaintiffs‟ trademark ... away
of the value of a trademark when it is used to identify different products;
injury from trademark dilution usually occurs when consumers aren
infringement, where the goods or products are dissimilar,
and there is trademark dilution. The Court relied on the concept of
dilution as follows ... Trade and Merchandise Marks
Act, 1958 , did not provision for trademark dilution, as in the case of
Section 29(4) . The principle of dilution therefore
trademarks, where the goods or products are not similar, but are
dissimilar. This is, in Trademark law parlance, known as action for
trademark dilution ... Trade and Merchandise Marks Act, 1958 ,
did not provision for trademark dilution, as in the case of Section 29(4) .
The principle of dilution therefore
news service. The
Defendant was sued in a Pennsylvania court for trademark
dilution, infringement and false designation. After discussing the
development of the law till
although not in the
course of trade, will amount to trademark infringement of dilution or tarnishment if one applies
the appropriate tests evolved ... device and the TATA mark infringes the trademark,
through dilution or amounts to unauthorized use, the defendants contend that on the contrary
reputation which the well known
trademark enjoys by reducing or diluting the trademark‟s
power to indicate the source of goods or services.
7. Another ... well known mark. This Article,
thus, grants protection against dilution of a trademark,
which may be detrimental to the reputation that the
business carried under
