Study On The Remedy For Famous Trademark Dilution And The Legislation Of Competitive Law

The concept of dilution stems from the possibility of damage to an incorporeal property right in the particular quality associated with a famous trademark. The focus of dilution is not consumer confusion, most state dilution laws, as well as the FTDA, do not require evidence of the likelihood of confusion, which is required in trademark infringement cases.To demonstrate the issue before, the dissertation follows the structure as:Chapter 1 Introducing two typical cases on famous trademarks in U.S courts, which had split on the issue of whether a plaintiff bringing a dilution claim under the FTDA had to prove an actual present injury or merely a threatened injury to the selling power of its famous mark.Chapter 2 Review the theory of traditional trademark infringement. I will point out that dilution is out of the doctrinal confusion.Chapter 3 This chapter will formulate the theory of association on trademark dilution, which is the basis of trademark dilution.Chapter 4 This chapter will discuss on the inherent character of dilution -anti-competitive. The dilution will injure not only the owners of the famous trademark, but also the competitor on associated market. Besides that, damage and amends is a very important aspect of the dilution, which setting forth guidelines to obtain civil, injunctive relief when another user commercially dilutes a famous mark.Chapter 5 In this section, I will answer the question that the actual harm or the likelihood of dilution will be the first.Chapter 6 Design the legislative blueprint of the anti-dilution law of our country in two ways: One is to amend the trademark law ;the other is to regulate anti-competitive law .Conclusion: Trademark dilution is beyond the basis of traditional trademark infringement, which is not only an infringement of the famous trademark owner, but also an unfair rivalry in associated market. The traditional trademark law is out of the legislation of competitive law to regulate dilution may be a new way of anti-trademark dilution.