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What are Some Remedies for Dilution?

Remedies For Dilution

Remedies for trademarks that have been diluted, either by means of blurring or tarnishment, typically only offer injunctions against the plaintiff. The plaintiff will have to cease using the trademark responsible for diluting another company.

The judge may require a written statement be prepared and submitted by a future date, which should detail how the plaintiff plans to remove any illegal trademarks from their products or stores. It is rare that anything other than an injunction is placed on the defendant.

The remedies for trademark infringement are a bit more harsh than dilution. However, it is important to note that if intentional dilution takes place, similar remedies to trademark infringement may be required to pay by the plaintiff.

If the plaintiff can prove that the defendant willfully attempted to trade based on the reputation of the plaintiff, or willfully looked to bring down the reputation of the plaintiff by copying their trademark, trademark protection laws allow stricter penalties against plaintiffs.

If these things can be proven collaboratively, monetary damages may be awarded to cover court costs, forfeit profits gained as a result of dilution, and help pay for any losses suffered by the plaintiff as a result of the dilution. Trademark protection laws typically do not allow any monetary damages to be awarded for state registered trademarks, only those that are federally registered.

NEXT: Works Covered Under Dilution Protection

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