In the context of trademark dilution, what is meant by 'whittling away' of a mark?
Understand the Problem
The question is asking for the meaning of the term 'whittling away' in relation to trademark dilution, specifically which option correctly describes its impact on the distinctive quality of a trademark.
Answer
The 'whittling away' of a mark means the gradual weakening of its distinctiveness due to unauthorized use on dissimilar products.
The 'whittling away' of a mark, in the context of trademark dilution, refers to the gradual weakening of a mark's distinctiveness caused by the unauthorized use of that mark on dissimilar products. This is typically associated with 'blurring' which diminishes the unique identity of the mark in the public's mind.
Answer for screen readers
The 'whittling away' of a mark, in the context of trademark dilution, refers to the gradual weakening of a mark's distinctiveness caused by the unauthorized use of that mark on dissimilar products. This is typically associated with 'blurring' which diminishes the unique identity of the mark in the public's mind.
More Information
This concept is part of trademark dilution law, aiming to protect famous marks from unauthorized uses that blur their distinctiveness. It helps preserve the power of the trademark to signify the source of goods or services.
Tips
A common mistake is confusing 'blurring' with 'tarnishment'. Blurring affects distinctiveness, while tarnishment affects the mark's reputation.
Sources
- Wikipedia - Federal Trademark Dilution Act - en.wikipedia.org
- Trademark Dilution: Blurring v. Tarnishment - Widerman Malek, PL - legalteamusa.net
