INTA: Special Report on Dilution

This report is meant to serve as a primer for International Trademark Association members regarding the state of dilution doctrines, or similar doctrines, in the Andean countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), Australia, Brazil, Canada, Germany, Korea, New Zealand and the United States, along with recent activities by the INTA Select Committee on the Federal Trademark Dilution Act.

According to the report, "Dilution is the unauthorized use of a highly distinctive mark by another in a manner which tends to blur its distinctiveness or tarnish its image even without any likelihood of confusion. When one uses the term “dilution� in the context of trademarks, it is typically a reference to the protection of famous and well-known marks. The protection of marks from dilution differs from the protection accorded marks from trademark infringement. Dilution does not rely upon the standard test of infringement, which is the likelihood of confusion, deception or mistake."

For more on dilution, check out the INTA Dilution Site, or contact Bill Heinze (bill.heinze@tkhr.com), at Thomas, Kayden, Horstemeyer & Risley LLP in Atlanta, Georgia USA