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Darnell sells a famous brand of wine called Sossy Sauce. The wine is the only one sold in neon green bottles. Sossy Sauce's national advertising
Darnell sells a famous brand of wine called Sossy Sauce. The wine is the only one sold in neon green bottles. Sossy Sauce's national advertising campaign reinforces the link between the color neon green and its wine. Consequently, neon green has become a famous mark for Sossy Sauce. The color is so well known that its primary significance in the beverage context is as an indication of source for Darnell's wine. Darnell has registered the color neon green as a color mark for the wine bottles. Darnell recently learned that a large apparel brand just started selling baseball caps in exactly the same shade of green as the Sossy Sauce bottles. Darnell does not think that there is the requisite likelihood of confusion to support an infringement action. Nonetheless, he is concerned that the neon green baseball caps will decrease the distinctiveness of his wine. Can Darnell bring a successful dilution action? Why or why not
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