ISSUE:
Whether the defendant has infringed the plaintiff's W-NAMASTE logo through dilution?
If Plaintiff can successfully shown similarity between the two marks, can they also demonstrate that the mark and the goods or services that incorporate it are distinctive and enjoy a good reputation, which, if utilized in the same manner as the defendants are, would diminish such distinctiveness or exclusivity?
RULE:
Dilution of a Trademark is a surface of Trademark infringement, where the owner of a well-known trademark has the power to prevent others from using their mark on the ground that it kills their uniqueness or lessen their reputation.
For proving dilution of trademark, it is necessary to prove that the two alleged marks are similar and the Plaintiff’s mark must have a reputation in India, so that unauthorised use would tarnish the reputation.