Fact Pattern 14-2
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name.
Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.
-Refer to Fact Pattern 14-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk" on a theory of trademark dilution. This claim requires proof that

Question

Fact Pattern 14-2
CallTalk Corporation, a smartphone and phone-time seller, chooses to use and register "calltalk" as its domain name. Later, CallTalk's less successful competitor, CellTalk Company, chooses to use and register "caltalk" (an intentional misspelling of "calltalk") as its domain name.
Still later, Call&Talk, Inc., uses the domain name "callltalk" (also a deliberate misspelling of "calltalk") without CallTalk's authorization, to sell pornographic phone conversations.
-Refer to Fact Pattern 14-2. CallTalk wants to sue Call&Talk for its unauthorized use of the domain name "callltalk" on a theory of trademark dilution. This claim requires proof that

Quizplus · Accepted Answer

Trademark dilution does not require proof that consumers are likely to be confused by the names, that the products involved are similar, or that all variations of the name have been registered. It focuses on the unauthorized use of a mark that is identical or similar to a famous mark, which could dilute its distinctiveness or tarnish its image, regardless of the presence of competition or likelihood of confusion.

Fact Pattern 14-2 CallTalk Corporation, a Smartphone and Phone-Time Seller, Chooses to Use