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来自 wiki http://en.wikipedia.org/wiki/Trademark_dilution#cite_note-2
里面有些例子希望能帮助大家理解 另外请问这道阅读的主旨是怎么考的？ 谢谢
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be diluted if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that only applies to famous marks. With non-famous marks, the owner of the mark must show that the allegedly infringing use creates a likelihood of confusion as to the source of the product or service being identified by the allegedly infringing use. With non-famous marks, it is highly unlikely a likelihood of confusion will be found if the products or services are in unrelated markets. However, with famous marks, any use by another person of the mark has the potential for confusion since a famous mark is so well-known among the consuming public that people will assume affiliation with the owner of the mark regardless of the product or service being sold under the infringing use.
Blurring and tarnishment
Blurring是盗用著名品牌在其他产品上 比如柯达鞋
tarnishment 一个非著名协会造成的品牌负面效应？
Dilution is sometimes divided into two related concepts: blurring, or essentially basic dilution, which "blurs" a mark from association with only one product to signify other products in other markets (such as "Kodak shoes"); and tarnishment, which is the weakening of a mark through unsavory or unflattering associations. Not all dilution protection laws recognize tarnishment as an included concept. |
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发表于 2011-6-8 16:07:59
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