How can trademark dilution be defined?

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Trademark dilution can be defined as the gradual weakening of a trademark's distinctiveness. This concept refers to situations where a trademark, renowned for its uniqueness or recognition, loses its ability to identify and distinguish the goods or services of one source due to its unauthorized use by others in a way that diminishes its uniqueness.

Dilution occurs even in the absence of confusion among consumers. For example, if a famous brand is used in a different context or market without permission, it may not lead to direct confusion about brand affiliation, but it can still undermine the distinctiveness and strong association that the trademark has built over time. The law recognizes this potential harm to well-known trademarks and provides protection against actions that would dilute their brand value, highlighting the importance of maintaining a trademark's distinct identity in the marketplace.

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