Sincere Forms,Inc.,uses,in its ads,a trademark that is similar,but not identical,to the famous,registered mark of Desired Objects,Inc.Sincere's unauthorized use of the mark constitutes trademark dilution provided
A)consumers are confused.
B)Sincere and Desired are competitors.
C)Sincere's use is intentional.
D)Sincere's use lessens the value of Desired's mark.

Question

Quizplus · Accepted Answer

Trademark dilution occurs when a third party's unauthorized use of a similar mark lessens the distinctive value of the famous mark. There is no requirement for confusion, competition, or intentional use in a trademark dilution claim. Therefore, the best choice is D, as Sincere's use of a trademark similar to Desired's mark would constitute trademark dilution if it lessens the distinctive value of Desired's mark.