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Trademark Question
Posted: Sun Dec 17, 2017 5:16 pm
by arc2222
1) Can you have trademark infringement claim (which is likelihood of confusion) and also make a dilution claim or can you only have one or the other – so can you only make a dilution claim if there is no infringement (likelihood of confusion) but the plaintiff is still harmed by the defendant using their trademark?
Re: Trademark Question
Posted: Mon Dec 18, 2017 2:34 pm
by alphasteve
arc2222 wrote:1) Can you have trademark infringement claim (which is likelihood of confusion) and also make a dilution claim or can you only have one or the other – so can you only make a dilution claim if there is no infringement (likelihood of confusion) but the plaintiff is still harmed by the defendant using their trademark?
Would certainly depend on the facts, but it is possible to have both claims.