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trademark dilution
patentandtrademark
subscriber Posts: 103
There is a recent case about "Pycnogenol" that teaches a valuable lesson about trademark dilution. If you refer to a product with the brand name under which the product is sold, you risk a lawsuit from the trademark owner based on trademark dilution. For example, there is no such product as "Pycnogenol." There is only a brand of herbal supplement sold under the brand name "Pycnogenol."
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Comments
In my previous life (as a paralegal, that is) I handled a good deal of trademark issues for a major franchisor. So, I understand what you are saying very well. My best personal example is that my husband, an IT manager, used to work for Velcro. Velcro (the company) sold hook and loop fasteners (the product). Yet, most people assume that the product, itself, is Velcro. I happen to know that Velcro USA often sought a clarification of that distinction in the courtroom.
-Kim