Articles

Fighting Trademark Dilution and Other Entropic Worries

Even if your there is no direct infringement upon your trademark, dilution can lessen the impact, positive connotations and loyalty engendered by the trademark in question image, name, logo or otherwise identifying mark.   In the case of such attacks to your IP trademark and unfair competition, law cases and material evidence will have to be very carefully gathered.  Just because trademark dilution isn't legal doesn't mean it's easy to prove.

That means that the stronger your trademark is, the more likely you are to be able to defend it against attack.  Obviously you'll need a lawyer, and one that works on a contingency basis might be the best choice for everyone involved, given how much is at stake in a trademark dilution case that goes to trial.  Of course, a great many trademark dilution incidents are resolved with a cease and desist letter that outlines the nature of the infringed trademark and unfair competition law.  The cases and materials to be gathered in such cases are generally light.

In cases of international trademark dilution, much depends upon the the physical and cultural differences between nations.  There can be a great difference in the prosecution of international trademark and unfair competition law.  Cases and materials to be brought forward are complicated by cultural nuance, which can be inscrutable to many Western attorneys.  A lawyer with trademark litigation and specific international experience should always be consulted before pursuing such a case.

A trademark dilution court battle is definitely something you want to very seriously consider before getting any corporation into.  If a company is going to spend more money on the prosecution than it is likely to gain, it may still be a good choice, depending upon the nature (and market) of the trademark dilution.  Even in countries with strong protections for trademarks and unfair competition laws, cases and material that pertains to them my not be treated seriously.

However, the mark in question has been used continuously for many years, is very distinctive and generally recognized by people in the area the suit is brought, there's  a good chance awards, sometimes significant, will be granted in deference of local customs regarding trademark and unfair competition.  Law, cases and materials for the prosecution may differ greatly, but a very strong trademark dilution case (and large judgement) can bring a region-wide end to violations of your trademark and unfair competition.

The law, cases and material witnesses aside, changes over time to favour plaintiffs or defendants seemingly as a matter of fashion.  This is just as true regarding trademark dilution in the western world as anywhere.