What does 'blurring' mean in the context of trademark law?

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In the context of trademark law, 'blurring' refers specifically to a situation where the use of a trademark by a third party dilutes or diminishes the distinctiveness of a famous mark. This occurs when a mark that is widely recognized and associated with a specific source begins to lose its unique identity due to other similar uses. The distinctiveness of a trademark is crucial because it helps consumers identify the source of goods or services, and blurring can undermine that ability.

For example, if a famous luxury brand's name is used by other companies for unrelated products, it can weaken the association that consumers have between that name and the luxury brand itself. This blurring can lead to confusion among consumers and can potentially harm the reputation of the original trademark holder.

The other options touch on different aspects of trademark law but do not accurately define blurring. Positive or negative impressions relate to consumer perception rather than the concept of distinctiveness. Trademark infringement generally involves unauthorized use that leads to confusion, while the overlap between different trademarks refers to similarities and does not encapsulate the specific legal issue of diluting a famous mark's identity.

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