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question.jpgIn Trademarks

What is blurring?

Blurring is one of the two ways a famous trademark can be diluted. Specifically, blurring occurs where someone uses a mark which takes away some of the strength of the famous mark by using it in a different context - while this may not confuse consumers, it may weaken the famous mark’s ability to uniquely and distinctively identify a source of goods and services.¬†For example, if someone wanted to use the mark KODAK in connection with the sale of a beverage, there would not be a likelihood of confusion between that beverage and KODAK brand film. However, that use could weaken the overall strength of the KODAK trademark, because consumers would now begin to doubt whether a KODAK branded product actually comes from the Eastman Kodak Company. As such, the Eastman Kodak Company could prevent the beverage seller from using the KODAK mark under the antidilution statutes.

The other way a famous trademark can be diluted is through tarnishment.