There are a lot of people who would never consider themselves thieves because they don't shoplift or rob banks. Many of these same people don't seem to understand the concept of intellectual property. They assume they have the right to use photos, artwork, music, and corporate logos any way they please. Most of these people would be shocked to learn they are breaking copyright laws, and in the case of well known brands, breaking trademark dilution laws.
Some brands are so well known that their logos are immediately recognizable and associated with nothing but them. Corporations spend millions of dollars creating and maintaining their brand identity. Not only is the logo associated with a particular product, it evokes a certain response from consumers. The iconic head of a cartoon mouse with the creator's signature scrawled below it for instance, represents family, fun, quality, and vacation destinations for most people.
If some other company takes the same logo to use it on it's product, as a way of associating itself with the other company or to gain credibility, that act potentially dilutes the original company's trademark. It doesn't matter than the company that usurped the logo is not in any competition with the original company. Using the logo is sufficient to break the law.
Not every company can claim its trademarks qualify for this special status. They have to meet several markers. The most important one is fame. The logo and brand in question must have instant recognition with the general public. There are not exact requirements to meet the marker. Courts decide that on an individual basis.
Not only does a logo have to be instantly recognizable, it must have had that level of fame at the time of the offense. For example, if the logo was relevant at one time, but less so when the incident occurred, the courts may rule that the trademark is no longer famous enough to warrant bringing the suit. It is not necessary for a company to prove it was actually harmed by the dilution. The fact that is occurred is enough to win the lawsuit.
Diluting trademarks can take several forms. Blurring occurs when someone uses a logo on a product that may be totally unrelated to the original brand. It might be something like the swoosh of an athletic shoe logo placed on a can of paint. Even though the two are unrelated, the use on the paint can potentially dilutes the distinctiveness of the logo on the athletic shoes.
Tarnishment occurs when a party uses a famous logo in a way that damages the brand of the original product. Putting the famous mouse head on packaging for tobacco would be an example of tarnishing. Freeriding is when someone intentionally takes a famous logo and uses it on a competing product to confuse the consumer and generate business by associating itself with the original company.
Millions of dollars are spent each year to enhance and protect brands. Conglomerates don't appreciate anyone tampering with theirs. They will sue, and they usually win.
Some brands are so well known that their logos are immediately recognizable and associated with nothing but them. Corporations spend millions of dollars creating and maintaining their brand identity. Not only is the logo associated with a particular product, it evokes a certain response from consumers. The iconic head of a cartoon mouse with the creator's signature scrawled below it for instance, represents family, fun, quality, and vacation destinations for most people.
If some other company takes the same logo to use it on it's product, as a way of associating itself with the other company or to gain credibility, that act potentially dilutes the original company's trademark. It doesn't matter than the company that usurped the logo is not in any competition with the original company. Using the logo is sufficient to break the law.
Not every company can claim its trademarks qualify for this special status. They have to meet several markers. The most important one is fame. The logo and brand in question must have instant recognition with the general public. There are not exact requirements to meet the marker. Courts decide that on an individual basis.
Not only does a logo have to be instantly recognizable, it must have had that level of fame at the time of the offense. For example, if the logo was relevant at one time, but less so when the incident occurred, the courts may rule that the trademark is no longer famous enough to warrant bringing the suit. It is not necessary for a company to prove it was actually harmed by the dilution. The fact that is occurred is enough to win the lawsuit.
Diluting trademarks can take several forms. Blurring occurs when someone uses a logo on a product that may be totally unrelated to the original brand. It might be something like the swoosh of an athletic shoe logo placed on a can of paint. Even though the two are unrelated, the use on the paint can potentially dilutes the distinctiveness of the logo on the athletic shoes.
Tarnishment occurs when a party uses a famous logo in a way that damages the brand of the original product. Putting the famous mouse head on packaging for tobacco would be an example of tarnishing. Freeriding is when someone intentionally takes a famous logo and uses it on a competing product to confuse the consumer and generate business by associating itself with the original company.
Millions of dollars are spent each year to enhance and protect brands. Conglomerates don't appreciate anyone tampering with theirs. They will sue, and they usually win.
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