Trace Your Case

ISSUE:

Does trademark dilution by blurring occur under the Trademark Dilution Revision Act of 2006 where a famous and distinctive mark is parodied, but the mark is only mimicked and not actually used?

RULE:

Trademark Dilution gives the owner of a well-known trademark the right to prevent others from using the mark in a way that would decrease its distinctiveness.

Trademark dilution by blurring does not occur under the Trademark Dilution Revision Act of 2006 where a famous and distinctive mark is parodied, but the mark is only mimicked and not actually used.

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