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In addressing Capnas second argument that the KOOL OOs and BLOOM OOs are patently dissimilar, the Court reiterated: Whether a defendants mark creates a likelihood of dilution is a factual question. Dilution by blurring is association arising from the similarity between a mark and a famous mark that impairs the distinctiveness of the famous mark. Dilution by tarnishment is association arising from the similarity between a mark and a famous mark that harms the reputation of the famous mark. Capna argued that the words KOOL and BLOOM are entirely different words, and that ITGB uses green and blue packaging while Capna uses red packaging

Brian King, a senior scientist in the CDCs Office of Smoking and Health

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