There are important differences between trademark infringement and trademark dilution. You can find numerous online legal definitions and blogs comparing infringement and dilution. Here is one site that explains the requirements of infringement and dilution: https://inventorbeware.com/2016/01/07/trademark-dilution-claims-and-how-they-differ-from-infringement/
Trademark infringement requires that the owner had prior rights in a valid mark; and the infringers mark is so similar that it creates a likelihood of confusion, mistake, or deception amongst consumers. If consumers are not confused as to who is making the product, infringement can be difficult to prove.
Trademark dilution also requires that the owner had prior rights in a valid mark. However, it can’t be just any mark, it must be famous. The mark is so famous that there might not be any confusion amongst consumers at all. So…what’s the problem?
1. What is trademark dilution and what is a famous mark?
2. Read the preliminary injunction issued in Hasbro versus Internet Entertainment Group. (If link fails, search for candy land dilution injunction.) https://cyber.harvard.edu/metaschool/fisher/domain/dncases/hasbro.htm
Why was it necessary for Hasbro to pursue trademark dilution rather than trademark infringement? Explain thoroughly.
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