Trademark Question Forum
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Trademark Question
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?
- alphasteve
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- Joined: Wed May 20, 2009 11:12 pm
Re: Trademark Question
Would certainly depend on the facts, but it is possible to have both claims.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?