See Also: Defenses To Dilution(law)
ur-defenses(medicine)
Equitable Defenses(law)
Defenses To Infringement(law)
Affirmative Defenses(law)
Dilution(finance)
dilution(dictionary)
Dilution(money)
Dilution(law)
dilution(medicine)
discommon (iou) and Defenses To Dilution (law)
discommon (iou)
discommon verb trans. LME.
[from DIS- 2 + COMMON noun, adjective: cf. also COMMON verb.]
Cut off from membership of a community; disfranchise; excommunicate. LME-M17.
In the universities of Oxford and Cambridge: deprive (a tradesman) of the right to deal with undergraduates. Now Hist. M16.
Deprive of the right of common; deprive (land) of the status of a common, enclose. L16.
Defenses To Dilution (law)
The following provide a bar or defense to a claim of trademark dilution: (1) the mark used is a federally registered trademark (only bars claims of dilution brought under state or common law; not those under the federal law); (2) use of a famous mark by another person in comparative advertising to identify the competing goods or Services; (3) noncommercial use of a mark; and (4) all forms of news reporting and news commentary. In addition to these defenses, which are all specifically identified in the Dilution Act, many of the same defenses for trademark infringement are also likely to apply. However, since the Federal Trademark Dilution Act is relatively new (1996), it is uncertain how the courts will interpret the applicability of these defenses.
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