2005 California Business and Professions Code Sections 14330-14335 Article 12. DilutionBUSINESS AND PROFESSIONS CODE
14330. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services. 14335. (a) Any person who uses or unlawfully infringes upon a mark registered under this chapter or under Title 15 of the United States Code, other than in an otherwise noninfringing manner, either on the person's own goods or services or to describe the person's own goods or services, irrespective of whether the mark is used primarily as an ornament, decoration, garnishment, or embellishment on or in products, merchandise, or goods, for the purpose of enhancing the commercial value of, or selling or soliciting purchases of, products, merchandise, goods, or services, without prior consent of the owner of the mark, shall be subject to an injunction against that use by the owner of the mark. (b) Nothing in subdivision (a) shall be construed to prohibit comparative advertising. (c) For the purposes of this section, the term "comparative advertising" means the use of a competitor's trademark in advertising to compare the relative qualities of the competitive goods.
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