2005 California Business and Professions Code Sections 14330-14335 Article 12. Dilution

BUSINESS AND PROFESSIONS CODE
SECTION 14330-14335

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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