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What is trademark tarnishment?

April 26, 2017tarnishment Trademark

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What is trademark tarnishment?

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Trademark “tarnishment,” a kind of dilution, can occur if a non-owner uses the mark in connection with shoddy or unsavory products or services, illegal activity, or activity that is likely to offend the average person. For example, using a Walt Disney trademark on a website filled with pornography could be claimed to tarnish the reputation of the Disney mark in the minds of viewers who saw this material. Tarnishment is not always actionable — it might be non-commercial or parody use.