Dilution by blurring definition

Dilution by blurring means an association arising from the similarity between a mark or trade name and a famous mark that impairs the famous mark's distinctiveness.
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Dilution by blurring means an association
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Dilution by blurring is association arising from the similarity between a xxxx or trade name and a famous xxxx that impairs the distinctiveness of the famous xxxx. In determining whether a xxxx or trade name is likely to cause dilution by blurring, the court may consider all relevant factors, including the following: 1.3.1.1.2.2.1 (i) The degree of similarity between the xxxx or trade name and the famous xxxx. 1.3.1.1.2.2.2 (ii) The degree of inherent or acquired distinctiveness of the famous xxxx. 1.3.1.1.2.2.3 (iii) The extent to which the owner of the famous xxxx is engaging in substantially exclusive use of the xxxx. 1.3.1.1.2.2.4 (iv) The degree of recognition of the famous xxxx. 1.3.1.1.2.2.5 (v) Whether the user of the xxxx or trade name intended to create an association with the famous xxxx. 1.3.1.1.2.2.6 (vi) Any actual association between the xxxx or trade name and the famous xxxx. 1.3.1.1.2.3 (2)(C) For purposes of paragraph (1), “dilution by tarnishment” is association arising from the similarity between a xxxx or trade name and a famous xxxx that xxxxx the reputation of the famous xxxx. 1.3.1.1.3 Defenses 1.3.1.1.3.1 (3)
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Examples of Dilution by blurring in a sentence

  • Dilution by blurring is an “association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark,” 15 U.S.C. § 1125(c)(2)(B), and may be found “regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury,” 15 U.S.C. § 1125(c)(1).

  • Dilution by blurring is “association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark.” Trademark Act § 43(c)(2)(B); 15 U.S.C. § 1125(c)(2)(B).

  • This document shall be interpreted in accordance with the law of England and Wales, provided that it will not permit the Charity’s property to be applied for any purpose or transferred to any organisation which is not charitable in accordance with any statutory provision in force in any part of the United Kingdom.

  • Dilution by blurring occurs when a substantial percentage of consumers, upon seeing the junior party’s use of a mark on its goods or services, are immediately reminded of the famous mark and associate the junior party’s use with the owner of the fa- mous mark, even if they do not believe, for example, that the goods or services come from the famous mark's owner, or that the famous mark’s owner ap- proves the goods or services.

  • Dilution by blurring is an “association arising from the similarity be- tween a mark or trade name and a famous mark that impairs the distinctive- ness of the famous mark,” 15 U.S.C. § 1125(c)(2)(B), and may be found “re- gardless of the presence or absence of actual or likely confusion, of competi- tion, or of actual economic injury,” 15 U.S.C. § 1125(c)(1).

  • Dilution by blurring is an "association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark," 15 U.S.C. § 1125(c)(2)(B), and may be found "regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury," 15 U.S.C. § 1125(c)(1); see also Deere & Co. v.

  • Any authorisation given by the Company enabling an Employee to take annual leave during a particular period is subject to the operational requirements of the workplace which the Employee is employed.

  • DH/DCSF, 2009) AIMS to ensure that all looked after children and young people are physically, mentally, emotionally and sexually healthy, that they will not take illegal drugs and that they will enjoy healthy lifestyles.

  • Provide barricades, warnings, flashing lights, and other suitable protections as required for the safety of persons and property.

  • In addition, it was decided to approach vehicle manufacturers (primarily through the European Automobile Manufacturers’ Association (ACEA)) to ask for their views and any data they could share on costs to them of fulfilling their producer responsibility obligations.


More Definitions of Dilution by blurring

Dilution by blurring means an association arising
Sample 1

Related to Dilution by blurring

  • Dilution means, as of any date of determination, a percentage, based upon the experience of the immediately prior 12 months, that is the result of dividing the Dollar amount of (a) bad debt write-downs, discounts, advertising allowances, credits, or other dilutive items with respect to Borrowers’ Accounts during such period, by (b) Borrowers’ xxxxxxxx with respect to Accounts during such period.

  • CC BY NC SA The CC BY-NC-SA license allows users to copy, to create extracts, abstracts and new works from the Article, to alter and revise the Article, provided this is not done for commercial purposes, and that the user gives appropriate credit (with a link to the formal publication through the relevant DOI), provides a link to the license, indicates if changes were made and the licensor is not represented as endorsing the use made of the work. Further, any new works must be made available on the same conditions. The full details of the license are available at xxxx://xxxxxxxxxxxxxxx.xxx/licenses/by-nc-sa/4.0. CC BY NC ND: The CC BY-NC-ND license allows users to copy and distribute the Article, provided this is not done for commercial purposes and further does not permit distribution of the Article if it is changed or edited in any way, and provided the user gives appropriate credit (with a link to the formal publication through the relevant DOI), provides a link to the license, and that the licensor is not represented as endorsing the use made of the work. The full details of the license are available at xxxx://xxxxxxxxxxxxxxx.xxx/licenses/by-nc-nd/4.0. Any commercial reuse of Open Access articles published with a CC BY NC SA or CC BY NC ND license requires permission from Elsevier and will be subject to a fee. Commercial reuse includes: Associating advertising with the full text of the Article Charging fees for document delivery or access Article aggregation Systematic distribution via e-mail lists or share buttons Posting or linking by commercial companies for use by customers of those companies.

  • Dilutions means, at any time, the aggregate amount of reductions or cancellations described in clause (i) of the definition of “Deemed Collections”.

  • CC-BY-SA means the Creative Commons Attribution-Share Alike 3.0 license pub- lished by Creative Commons Corporation, a not-for-profit corporation with a principal place of business in San Francisco, California, as well as future copyleft versions of that license published by that same organization.

  • Cognitive Impairment means a deficiency in a person’s short-term or long-term memory; orientation as to person, place, and time; deductive or abstract reasoning; or judgment as it relates to safety awareness.

  • Termination Other Than For Cause means termination by the Company of Employee's employment by the Company for reasons other than those which constitute Termination for Cause.

  • Misappropriation means that the Employee (i) uses Confidential Information (as defined below) for the benefit of anyone other than the Employers or an Affiliate, as the case may be, or discloses the Confidential Information to anyone not authorized by the Employers or an Affiliate, as the case may be, to receive such information; (ii) upon termination of employment, makes any summaries of, takes any notes with respect to or memorizes any Confidential Information or takes any Confidential Information or reproductions thereof from the facilities of the Employers or an Affiliate or (iii) upon termination of employment or upon the request of the Employers or an Affiliate, fails to return all Confidential Information then in the Employee’s possession. For the avoidance of doubt, “Misappropriation” does not include disclosure of Confidential Information to a governmental regulatory agency, such as the U.S. Securities and Exchange Commission, provided that the Employee informs the agency that the Employers and/or Affiliates deem the information to be confidential. “Confidential Information” shall mean any confidential and proprietary drawings, reports, sales and training manuals, customer lists, computer programs and other material embodying trade secrets or confidential technical, business, or financial information of the Employers or an Affiliate.

  • Dilution Percent the percent, determined for Borrowers’ most recent Fiscal Quarter, equal to (a) bad debt write-downs or write-offs, discounts, returns, promotions, credits, credit memos and other dilutive items with respect to Accounts, divided by (b) gross sales.

  • Has a record of such impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

  • Anticipatory Termination means a termination of employment where PNC terminates your employment with PNC (other than for Misconduct or Disability) prior to the date on which a Change of Control occurs, and you reasonably demonstrated that such termination of employment (i) was at the request of a third party that has taken steps reasonably calculated to effect a Change of Control or (ii) otherwise arose in connection with or in anticipation of a Change of Control.

  • Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activi- ties.

  • Termination Without Cause means termination by the Company other than due to the Executive’s death or disability or Termination With Cause.

  • Constructive Termination Without Cause means the termination of the Executive’s employment at his initiative after, without the Executive’s prior written consent, one or more of the following events:

  • Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that:

  • Impairment has the meaning assigned to such term in Section 1.03.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Dilution Factors means, without duplication, with respect to any period, the aggregate amount of all deductions, credit memos, returns, adjustments, allowances, bad debt write-offs and other non-cash credits which are recorded to reduce accounts receivable in a manner consistent with current and historical accounting practices of the Borrowers.

  • Termination of parental rights means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order.

  • Business owned by a person with a disability means a business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not- for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 is also considered a "business owned by a person with a disability".

  • Voluntary Termination means termination by the Employee of the Employee's employment with the Company, excluding termination by reason of Employee's death or disability as described in Sections 2.5 and 2.6.

  • Serious Breach means any breach defined as a Serious Breach in the Agreement or any breach or breaches which adversely, materially or substantially affect the performance or delivery of the Services or compliance with the terms and conditions of the Agreement or the provision of a safe, healthy and supportive learning environment or a breach of security that adversely affects the Personal Data or privacy of an individual. Failure to comply with Law, or actions or omissions by the Provider that endanger the Health or Safety of Learners, Provider Personnel, and all other persons including members of the public would constitute a Serious Breach;

  • Termination Upon Change of Control shall not include any termination of the employment of the Executive (a) by the Company for Cause; (b) as a result of the Permanent Disability of the Executive; (c) as a result of the death of the Executive; or (d) as a result of the voluntary termination of employment by the Executive for reasons other than Good Reason.

  • Termination With Cause means the termination of the Executive’s employment by act of the Board for any of the following reasons:

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Intellectual disability means "intellectual disability" as defined in OAR 411-320-0020 and described in OAR 411-320-0080.

  • Harm means ill-treatment or the impairment of health or development, including for example, impairment suffered from seeing or hearing the ill-treatment of another;