Trademarks Dilution: An Analysis

Abstract

ABSTRACT

The paramount importance of trademark as a value driver in the economy is widely acknowledged by the business, academic, market, and practitioner communities. The term dilution though known internationally is yet not able to achieve its desired place in the international conventions and treaty arrangements. Dilution has found its place in a number of soft laws, however such policy initiatives are not binding on the states and as a result different approach is followed by different country for the same. For example, the United States provides for protection of famous mark while TRIPS talks about the "well known mark" and European countries protect a "mark with a reputation".

The thesis explores the concept of Trademark dilution and its development in various international and regional jurisdictions namely India, United States, and United Kingdom. It also analyses the scope of protection provided among these jurisdiction for such 'dilution'. Further it includes the internet based dilution by registration of confusingly similar domain names.

In the final analysis it is concluded that the Standards for dilution are yet not settled across various jurisdictions and a proactive approach is required to bring the various countries on the same platform and understanding.