Trademark Dilution
(Victoria Secrets Case)
In today’s world consumers purchase products on the basis of brand name and trade symbol which accompanies the product, rather than buying the product on the basis of usefulness and quality. Therefore the protection of the trademark is important. Trademark dilution is a claim which owner of well-known trademark can make to prohibit others from using a mark which decreases or lowers the value or distinctiveness or defames the reputation and uniqueness of a well-known trademark.
Trademark dilution is an aspect of trademark infringement. Dilution is likely to lessen the reputation and uniqueness of a well- known trademark. Trademark dilution protection laws aims at preventing the infringement of famous and well-known trademark from losing their identity which is in the minds public associated with specific product. By recognizing the mark dilution the uniqueness and reputation of the mark is protected even if there is no area for confusion. Often it is seen that in the competitive market and growing world there takes place trademark dilution. Whereby a seller may manufacture and sell goods/services in the name of other registered trademark.
Doctrine of dilution in India: There were no provisions for dilution in
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It was alleged by Victoria’s Secret that the defendants had diluted their mark by blurring the distinctiveness and tarnishing its reputation. The sixth circuit affirmed that the people who hear to the name of Victor’s Little Secret is likely to cause confusion in the minds of common people, they will think about the famous and well-known brand Victoria’s Secret. People may relate Victor’s Little Secret with Victoria’s Secret which is a adult toy, gift and lingerie store working