LAW1101 SCC Intellectual Property Application Questions

LAW 1101Business Law
Intellectual Property Application Questions
Directions: Follow the instructions below to answer the
questions provided. You will then submit this file to the
dropbox included in the topic. MAKE SURE TO READ EACH
QUESTION ENTIRELY. The boxes will expand as you type, if needed.
1. There are important differences between trademark infringement and trademark dilution.
You can find numerous online legal definitions and blogs comparing infringement and dilution.
Here is one site that explains the requirements of infringement and dilution. (If link fails, find
another appropriate site.) http://www.patent-trademark-law.com/trademarks/trademarkinfringement-dilution
Trademark infringement requires that the owner had prior rights in a valid mark; and the
infringer’s mark is so similar that it creates a likelihood of confusion, mistake, or deception
amongst consumers. If consumers are not confused as to who is making the product,
infringement can be difficult to prove.
Trademark dilution also requires that the owner had prior rights in a valid mark. However, it
can’t be just any mark, it must be famous. The mark is so famous that there might not be any
confusion amongst consumers at all. So…what’s the problem?
a. What is trademark dilution and what is a famous mark?
b. Read the preliminary injunction issued in Hasbro versus Internet Entertainment
Group. (If link fails, search for candyland dilution injunction.)
https://cyber.harvard.edu/metaschool/fisher/domain/dncases/hasbro.htm
Why was it necessary for Hasbro to pursue trademark dilution rather than trademark
infringement?