Blurring

Definition

Blurring is a trademark infringement concept that occurs when a famous or distinctive trademark is used on unrelated products or services, diluting the trademark's unique association with the original goods or services. This can diminish the trademark's ability to serve as a distinctive identifier, leading to a loss of its commercial value and distinctiveness.

5 Must Know Facts For Your Next Test

1. Blurring can occur even when the unauthorized use of a trademark is on non-competing or unrelated products or services, as long as the use diminishes the trademark's distinctive quality.
2. To establish a claim of trademark blurring, the owner of the famous mark must prove that the defendant's use of the mark is likely to impair the distinctiveness of the famous mark, regardless of the presence or absence of actual or likely confusion.
3. Factors considered in determining if blurring has occurred include the degree of similarity between the marks, the degree of distinctiveness of the famous mark, the extent of the junior user's use of the mark, and the extent of the recognition of the famous mark.
4. Blurring is one of the two main types of trademark dilution, the other being tarnishment, which involves the diminishment of a trademark's positive associations.
5. Famous trademarks are afforded stronger protection against blurring under federal trademark law, such as the Federal Trademark Dilution Revision Act (FTDRA) in the United States.

Review Questions

• Explain how blurring can lead to the diminishment of a trademark's distinctiveness and commercial value.
  • Blurring occurs when a famous or distinctive trademark is used on unrelated products or services, weakening the trademark's unique association with the original goods or services. This can diminish the trademark's ability to serve as a distinctive identifier, leading to a loss of its commercial value. As the trademark becomes less distinctive and recognizable, it becomes more difficult for consumers to associate it with a single source, reducing its value to the trademark owner.
• Describe the factors considered in determining if trademark blurring has occurred.
  • The key factors considered in determining if blurring has occurred include: the degree of similarity between the marks, the degree of distinctiveness of the famous mark, the extent of the junior user's use of the mark, and the extent of the recognition of the famous mark. Courts will examine these factors to assess whether the unauthorized use of the mark on unrelated goods or services has impaired the distinctiveness of the famous mark, regardless of the presence or absence of actual or likely consumer confusion.
• Analyze the role of federal trademark law, such as the FTDRA, in providing stronger protection against trademark blurring for famous marks.
  • The Federal Trademark Dilution Revision Act (FTDRA) and other federal trademark laws offer enhanced protection against trademark blurring for famous marks. These laws recognize that famous trademarks are valuable business assets that can be diminished even in the absence of consumer confusion. By providing a cause of action for trademark dilution by blurring, the FTDRA and similar statutes allow the owners of famous marks to take legal action to prevent the unauthorized use of their marks on unrelated goods or services, preserving the distinctiveness and commercial value of their trademarks.

Related terms

Trademark Dilution: The weakening or reduction in the ability of a famous trademark to uniquely identify and distinguish the source of products or services, often due to unauthorized use of the mark on unrelated goods or services.

Distinctiveness: The quality of a trademark that makes it capable of identifying and distinguishing the source of the goods or services it represents from those of others.

Commercial Value: The monetary worth or importance of a trademark, which can be diminished by blurring or other forms of trademark dilution.